United States Eighth Circuit
US v. Capital Sand Co., Inc., 05-3405
In a suit brought by the government in admiralty against defendants to recover the cost of repairs to a lock and gate on the Mississippi River that were damaged after an allision with a towed barge, an award of damages to the Army Corps of Engineers (Corps) for overhead expenses is affirmed where: 1) the Corps need not establish a direct connection between overhead charges and a particular repair project, but may recover overhead charges that are justified by a reasonable relationship to the repair work; 2) ample testimony established a relationship between the overhead charges and the repair work to justify an award of overhead; and 3) the district court did not clearly err in finding that the amount of the overhead in this case was reasonable.
Appellate Information
- Decided 10/25/2006
- Published 10/25/2006
Judges
- HANSEN, Circuit Judge., Before BYE, HANSEN, and SMITH, Circuit Judges.
Court
- United States Eighth Circuit
Counsel
- For Appellant:
- Gary T. Sacks, Goldstein & Price, St. Louis, MO, Appellants.
- For Appellees:
- Maria C. Sanchez, U.S. Attorney's Office, St. Louis, MO, Matthew J. Glomb, U.S. Department of Justice, Torts Branch, Civil Division, Washington, DC, for Appellee.