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IN RE BARNACLE MARINE MANAGEMENT INC.

No. 98-30545.

233 F.3d 865 (2000)

In Re: In the Matter of: BARNACLE MARINE MANAGEMENT INC., In the matter of the Complaint of Barnacle Marine Management Inc as Owner, as Owner Pro Hac Vice and Operator of Towboat M/V MISS TONI Praying for Exoneration From and/or Limitation of Liability. Barnacle Marine Management Inc, In the Matter of the Complaint of Barnacle Marine Management Inc as Owner, as Owner Pro Hac Vice and Operator of Towboat M/V MISS TONI Praying for Exoneration From and/or Limitation of Liability, Plaintiff-Appellant, v. Vulcan Materials Co.; et al., Defendants, UNITED STATES of America, Defendant-Appellee, Ingram Barge Co., Claimant-Appellee. Ingram Barge Co., In the Matter of the Complaint of Ingram Barge Co. as owner of the Barges ING 1312 ING 453, ING 713 and ING 236 for Exoneration From or Limitation of Liability, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. United States of America, Plaintiff-Appellee, v. Barnacle Marine Management Inc; et al, Defendants, Barnacle Marine Management Inc, Defendant-Appellant, Ingram Barge Co., Defendant Appellant-Appellee.

United States Court of Appeals, Fifth Circuit.

Revised December 18, 2000.

Attorney(s) appearing for the Case

Bernard Haynie Ticer, Cindy Galpin Martin (argued), Burke & Mayer, New Orleans, LA, for Plaintiff-Appellant.

Peter Glenn Myer (argued), U.S. Dept. of Justice, Torts Branch-Civ. Div., Washington, DC, for Defendant-Appellee.

Richard Ben Foster (argued), Reginald R. White, III, Lemle & Kelleher, New Orleans, LA, for Claimant-Appellee.

Before WOOD, DAVIS and BARKSDALE, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Barnacle Marine Management, Inc. ("Barnacle") and Ingram Barge Company ("Ingram") appeal the district court's order dismissing the United States from consolidated limitation proceedings under 46 U.S.C. § 183 of the Limitation of Shipowners' Liability Act of 1851 ("Limitation Act"). The district court held that 33 U.S.C. § 408 of the Rivers and Harbors Act of 1899 ("Rivers and Harbors Act") provides the United States with an...

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