B & F Trawlers, Inc. v. United States
United States Court of Appeals for the Fifth Circuit
841 F.2d 626, 1988 AMC 1577 (1988)

- Written by Carolyn Strutton, JD
Facts
The F/V Star Trek was inspected by the United States Coast Guard in the Gulf of Mexico and was found to be carrying marijuana. The Star Trek was seized and was being towed by a Coast Guard vessel when a fire broke out on the Star Trek. The Coast Guard removed all of the crew from the Star Trek and eventually scuttled the burning vessel. The owner of the Star Trek, B & F Trawlers, Inc. (B & F) (plaintiff) alleged that the vessel had been stolen and that B & F had reported that the vessel was missing to the Coast Guard prior to the incident. B & F sued the United States (defendant) under the Suits in Admiralty Act (SAA) and the Public Vessels Act (PVA), alleging that the Coast Guard had failed to use due care in its custody and control of the vessel, resulting in its loss. The district court dismissed the action, and B & F appealed. The government claimed on appeal that the suit was barred under the discretionary-function exception of the Federal Tort Claims Act (FTCA).
Rule of Law
Issue
Holding and Reasoning (Jones, J.)
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