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

No. 08-2166.

567 F.3d 348 (2009)

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: June 4, 2009.


Attorney(s) appearing for the Case

Frank John Dantoe, Jr., argued, Greenville, MS, Donald L. Dickerson, Cape Girardeau, MO, Joel Jerome Henderson, Edward D. Lamar, Greenville, MS, for appellant.

Lowell Sturgill, Jr., Douglas N. Letter, on the brief, U.S. Department of Justice, Washington, DC, for appellee.

Before RILEY, SMITH, and SHEPHERD, Circuit Judges.


SHEPHERD, Circuit Judge.

The appellants ("American Boat") brought this negligence action against the United States for failing to maintain the navigable channel of the lower Mississippi River. After the district court granted summary judgment for the United States, American Boat filed a Motion to Amend Judgment, or in the Alternative for Reconsideration. The district court denied this motion, and the time for appeal expired without any action by American Boat. Four...

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