141867P.pdf   08/25/2015  American River Transportation  v.  United States, Corp of Eng
   U.S. Court of Appeals Case No:  14-1867
   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 - Limitation of Shipowners' Liability Act. For the court's 
   prior opinion in the matter, see In Re American River Transportation Co., 
   728 F.3d 839 (8th Cir. 2013). The Rivers and Harbors Act creates an in rem 
   remedy for the government, but not an in personam remedy, for violations 
   of Section 408 of the Act; this in rem action can be subject to the 
   Limitations Act; since the in rem remedy inherently limits recovery for 
   violation of the Section 408 to the value of the property, it is 
   consistent with the Limitation Act's standard limiting a vessel owner's 
   liability to the value of the ship and its freight; because the available 
   remedies, liability standard and statute of limitations for Section 408 
   claims can be reconciled with the Limitations Act, the court concludes 
   that the Limitations Act has not been implicitly repealed with respect to 
   Section 408; the government's Section 408 claim for damage to its lock and 
   dam is thus subject to limitation of liability and the limitation 
   proceeding prescribed by the Limitations Act and Federal Rule of Civil 
   Procedure F; the district court's sua sponte dismissal of plaintiff's 
   limitations action is reversed; the district court did not err in denying 
   plaintiff's motion to hold the government in contempt for noncompliance 
   with the court's concursus injunction; the district court's denial of 
   plaintiff's motion for a decree of exoneration, its denial of the 
   government's motion to file a late claim and the denial of the 
   government's motion to consolidate are all vacated; remanded for further 
   proceedings. Chief Judge Riley concurring in the judgment.