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U.S. v. TUG REBEL

Civ. No. 93-586-FR.

893 F.Supp. 940 (1995)

UNITED STATES of America, Plaintiff, v. The TUG REBEL, her engines, tackle, etc. and the Barges # 24333 and 31853, their tackle, appurtenances, etc., in rem, and Tidewater Barge Lines, Inc., in personam, Defendants.

United States District Court, D. Oregon.

May 11, 1995.

Attorney(s) appearing for the Case

Frank W. Hunger, Asst. Atty. Gen., Kristine Olson Rogers, U.S. Atty., Portland, OR, Philip A. Berns, Atty. in Charge, West Coast Office, Warren A. Schneider, Asst. Atty. in Charge, Torts Branch, Civ. Div., U.S. Dept. of Justice, San Francisco, CA, for plaintiff.

Guy C. Stephenson, Schwabe, Williamson & Wyatt, Portland, OR, for defendants.

AMENDED OPINION

FRYE, District Judge:

The matter before the court is the motion of the plaintiff for partial summary judgment (# 23).

FACTS

On the afternoon of July 15, 1990 — a clear and sunny day — a flotilla of barges propelled by the tug REBEL entered the navigational lock at the John Day Dam. At the front of the flotilla were two empty grain barges tied next to each other. Behind the starboard forward barge was a loaded...

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