U.S. v. AMERICAN COMMERCIAL BARGE LINE CO.

No. 92-1333.

988 F.2d 860 (1993)

UNITED STATES of America, Appellant, v. AMERICAN COMMERCIAL BARGE LINE COMPANY, in personam; and M/V J.W. HERSHEY, BARGE 2914 and BARGE 2965, their apparel, tackle, and appurtenances, in rem, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 23, 1993.


Attorney(s) appearing for the Case

Peter F. Frost, Department of Justice, Washington, DC, argued (Stuart M. Gerson, Asst. Atty. Gen., on brief), for appellant.

Raymond L. Massey, St. Louis, MO, argued (James W. Erwin, on brief), for appellees.

Before RICHARD S. ARNOLD, Chief Judge, FLOYD R. GIBSON, Senior Circuit Judge, and ROSENBAUM, District Judge.


RICHARD S. ARNOLD, Chief Judge.

This is an admiralty case arising under the Rivers and Harbors Act of 1899, 33 U.S.C. § 408. The District Court1 held the American Commercial Barge Line Company (the Company) strictly liable for damage to a Mississippi River lock gate, but limited its award of damages, including prejudgment interest. The United States appeals. We affirm in part and reverse in part.

I.

On May 27, 1986...

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