DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
121720P.pdf 08/30/2013 American River Transportation v. United States, Corp of Eng
U.S. Court of Appeals Case No: 12-1720
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Wollman, Author, with Riley, Chief Judge, and Melloy, Circuit
Judge]
Civil case - Admiralty. Because the United States chose to appear in the
limitation action to contest the complaint filed by American River
Transportation, it was required to show that it had the requisite standing
to do so; here, the government did not have statutory standing because it
failed to file a claim in accordance with Federal Rule of Civil Procedure
Supplemental Rule F(5), which creates statutory standing requirements for
challenging limitations actions; therefore, because the government was
without standing, the district court erred by entertaining the
government's motion to dismiss the limitation complaint, and the order
dismissing the complaint is reversed. Chief Judge Riley, dissenting.