600 F.2d 725 (8th Cir. 1979), 79-1031, Inland Oil and Transport Co. v. United States

Docket Nº:79-1031.
Citation:600 F.2d 725
Party Name:INLAND OIL AND TRANSPORT CO., Appellant, v. UNITED STATES of America, United States Army Corps of Engineers, Clifford L. Alexander, Secretary of the Army of the United States, Leon McKinney, District Engineer of the St. Louis District Corps of Engineers and James Fogilphol, James Stewart and Vernon Drew, Appellees.
Case Date:June 29, 1979
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
 
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Page 725

600 F.2d 725 (8th Cir. 1979)

INLAND OIL AND TRANSPORT CO., Appellant,

v.

UNITED STATES of America, United States Army Corps of

Engineers, Clifford L. Alexander, Secretary of the Army of

the United States, Leon McKinney, District Engineer of the

St. Louis District Corps of Engineers and James Fogilphol,

James Stewart and Vernon Drew, Appellees.

No. 79-1031.

United States Court of Appeals, Eighth Circuit

June 29, 1979

Submitted May 17, 1979.

Page 726

Paul R. Hales, of Goldstein & Price, St. Louis, Mo., for appellant; Gary T. Sacks, St. Louis, Mo., on brief.

David V. Hutchinson, Atty., Torts Branch, Civ. Div., U. S. Dept. of Justice, Washington, D. C., for appellee; Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., Robert D. Kingsland, U. S. Atty., St. Louis, Mo., and William Kanter, Atty., Washington, D. C., on brief.

Before LAY, BRIGHT and HENLEY, Circuit Judges.

PER CURIAM.

Plaintiff Inland Oil and Transport Co. (Inland) brought this action against the United States, the Army Corps of Engineers, and a number of individual defendants in the district court 1 to enjoin the continued enforcement of a Special Notice to Navigation Interests issued by the St. Louis District of the Army Corps of Engineers on March 16, 1977. Inland also asked the district court to declare the procedures established by the Special Notice to be illegal

Page 727

and to award Inland actual and punitive damages.

The effect of the Special Notice was to establish a locking precedence procedure for towboats and barges using the main locking chamber of Locks and Dam No. 26 on the Mississippi River near Alton, Illinois. In order to keep its place on the waiting list for transit through the main chamber, a tugboat had to be willing to assist other vessels using the locks. This assistance was required to be furnished without compensation or indemnification for loss and a boat which failed to follow this procedure lost its place in line. A smaller, auxiliary chamber was not subject to this locking precedence procedure.

Inland, which is in the business of transporting petroleum and petroleum by-products on the Mississippi River by means of barges, refused to allow its towboats to render assistance as required by the procedure. As a result it alleged that its boats suffered delays and incurred other additional expenses in using the locks on...

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