ORDER
CONTI, District Judge.
This matter is before the court on plaintiffs' motion for partial summary judgment on affirmative defenses two through seven of defendants' second amended answer. This dispute arises out of an oil spill in San Francisco Bay. On March 12, 1972, approximately 3,000 gallons of oil gushed into the Bay from the USS Midway, berthed at the Alameda Naval Air Station. The clean-up
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