AMERICAN BOAT CO., INC. v. UNKNOWN SUNKEN BARGE

No. 04-3388.

418 F.3d 910 (2005)

AMERICAN BOAT COMPANY, INC.; Underwriters Insurance Company; Navigators Insurance Company, Plaintiffs—Appellants, v. UNKNOWN SUNKEN BARGE; Unknown Owner of Unknown Sunken Barge; Unknown Tower of Unknown Sunken Barge, Defendants, United States of America, Defendant—Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 16, 2005.


Attorney(s) appearing for the Case

Donald L. Dickerson, argued, Cape Girardeau, MO, and Frank J. Dantone, Greenville, MS (Joel J. Henderson and Edward D. Lamar, on brief), for appellant.

Lowell V. Sturgill, Jr., argued, Washington, DC (Joseph M. Landolt, Asst. U.S. Atty., St. Louis, MO, and Robert S. Greenspan, Washington, DC, on brief), for appellee.

Before MURPHY, BRIGHT, and MELLOY, Circuit Judges.


MELLOY, Circuit Judge.

The Appellants ("American Boat") brought this action for negligence and the district court granted summary judgment. American Boat filed a Motion to Amend Judgment, or in the Alternative for Reconsideration, and the district court denied the motion. The time to appeal the denial expired without action by American Boat. American Boat then moved to reopen the time to file an appeal, claiming it did not receive notice of the denial. The district...

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