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U.S. v. REPUBLIC MARINE, INC.

Nos. 86-1574, 86-1676.

829 F.2d 1399 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. REPUBLIC MARINE, INC., in personam, M/V C.R. CLEMENTS, in rem, Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellee, v. CONTICARRIERS AND TERMINALS, INC., in personam, and BARGE CCT-124, in rem, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided September 1, 1987.

Rehearing Denied November 27, 1987.

Attorney(s) appearing for the Case

C.W. Walker, III, Lake, Tindall, Hunger & Thackston, Greenville, Miss., Michael A. Snyder, Snyder & Gerard, Chicago, Ill., for defendants-appellants.

L. Lee Smith, Asst. U.S. Atty., Peoria, Ill., Gerald D. Fines, U.S. Atty., Springfield, Ill., for plaintiff-appellee.

Before WOOD and RIPPLE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

ESCHBACH, Senior Circuit Judge.

This appeal presents the question of whether the strict liability provisions of 33 U.S.C. §§ 408, 412 require that a vessel be held liable for damage to a lock wall even though the government may have been the sole cause of the damage. We conclude that it does not, and will reverse and remand to the district court to provide the defendants with an opportunity to attempt to show that the government's maintenance of the lock...

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