United States v. Barge Boulder

Full title: UNITED STATES of America, Appellant, v. BARGE BOULDER, Appellee

Court: United States Court of Appeals, Fifth Circuit

Date published: Mar 18, 1965

343 F.2d 175 (5th Cir. 1965)

Opinion

No. 21585.

March 18, 1965.

Alan S. Rosenthal, Sherman L. Cohn, Samuel J. Heyman, Kathryn H. Baldwin, Attys., Dept. of Justice, Washington, D.C., John W. Douglas, Asst. Atty. Gen., Edward L. Shaheen, U.S. Atty., for appellant.

G. Allen Kimball, Lake Charles, La., for appellee, Jones, Kimball, Harper, Tete Wetherill, Lake Charles, La., of counsel.

Before WHITAKER,^_ Senior Judge, and RIVES and JONES, Circuit Judges.

_ Of the United States Court of Claims, sitting by designation.

PER CURIAM:

The United States filed a libel in rem against the Barge Boulder charging oil pollution in violation of the Oil Pollution Act of June 7, 1924, 33 U.S.C. § 433, 434. After trial, the district court found in favor of the Barge Boulder and dismissed the libel on the merits. The United States moved for a new trial. In denying that motion the district court set forth its findings of fact and conclusions of law.¹ The findings of fact are not clearly erroneous. See McAllister v. United States, 1954, 348 U.S. 19, 20, 75 S.Ct. 6, 99 L.Ed. 20; Roper v. United States, 1961, 368 U.S. 20, 23, 82 S.Ct. 5, 7 L.Ed.2d 1; Guzman v. Pichirilo, 1962, 369 U.S. 698, 702, 82 S.Ct. 1095, 8 L.Ed. 2d 205. We agree with the conclusions of law.

1 Reported in 238 F. Supp. 748.

The judgment of the district court is therefore

Affirmed.