United States DC Circuit

In a tort action against the U.S. based on the Coast Guard's decision to phase out single-hulled oil barges such as those operated by Plaintiff, the dismissal of the complaint is affirmed where Plaintiff identified no duty that could give rise to liability under state law.

Appellate Information

• Argued 04/14/2009
• Decided 06/30/2009
• Published 06/30/2009

Judges

• Before SENTELLE, Chief Judge, and ROGERS and BROWN, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Gene C. Schaerr argued the cause for appellant.   With him on the briefs were Lawrence I. Kiern, Thomas L. Mills, and Gerald A. Morrissey, III.


• For Appellees:
  
• Sydney A. Foster, Attorney, U.S. Department of Justice, argued the cause for appellee.   With her on the brief were Gregory G. Katsas, Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, and Mark B. Stern, Attorney.  R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.