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SHERIDAN TRANSP. CO. v. U.S.

No. 89-3270.

897 F.2d 795 (1990)

SHERIDAN TRANSPORTATION COMPANY and TUG NEW YORK COMPANY, Plaintiff-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 5, 1990.

Attorney(s) appearing for the Case

David V. Hutchinson, Asst. Director, Admiralty — Torts Branch, Civil Div., Dept. of Justice, Washington, D.C., for defendant-appellant.

Scott R. Wheaton, Jr., Nathan P. Horner, Lugenbuhl, Burke, Wheaton, Peck & Rankin, New Orleans, La., for plaintiffs-appellees.

Before HIGGINBOTHAM, SMITH, and DUHE, Circuit Judges.

DUHE, Circuit Judge.

Facts and Proceedings Below

The barge SHERIDAN struck a submerged wreck in the Mississippi River on September 29, 1983. The owner of the barge, the Tug New York Company, and its charterer, the Sheridan Transportation Company, filed a complaint on July 18, 1984 against the United States under the Suits in Admiralty Act (SIAA), 46 U.S.C. App. § 741 et seq., for failure to properly mark the wrecks. The district court...

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