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UNITED STATES v. NASSAU MARINE CORP.

No. 84-3551.

778 F.2d 1111 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. NASSAU MARINE CORP., Central Marine Service and Canal Barge Company, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 19, 1985.

Attorney(s) appearing for the Case

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Edward J. Koehl, Jr., Robert T. Lemon, II, New Orleans, La., for defendants-appellants.

John P. Volz, U.S. Atty., William F. Baity, Asst. U.S. Atty., New Orleans, La., Thomas W. Osborne, Atty., Torts Branch, Civ. Div., U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before WISDOM, POLITZ, and TATE, Circuit Judges.

WISDOM, Circuit Judge.

The owners1 of a sunken barge appeal from a judgment holding them responsible for removing the wreck under the Rivers and Harbors Act of 1899, ch. 425, 30 Stat. 1152 (codified as amended at 33 U.S.C. §§ 401 et seq.). We affirm the judgment of the district court.

I.

The M/V CLARKE BERRY left Pensacola, Florida for Port Sulphur, Louisiana on the morning of March 23, 1979. It was pushing...

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