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BURGESS v. M/V TAMANO

Civ. Nos. 13-111, 13-114, 13-115 and 13-120.

382 F.Supp. 351 (1974)

Ernest E. BURGESS et al., Plaintiffs, v. M/V TAMANO et al., Defendants and Third-Party Plaintiffs, v. STATE OF MAINE et al., Third-Party Defendants. STATE OF MAINE et al., Plaintiffs, v. M/V TAMANO et al., Defendants. Mark SNOW et al., Plaintiffs, v. M/V TAMANO et al., Defendants and Third-Party Plaintiffs, v. STATE OF MAINE et al., Third-Party Defendants. Calvin E. DOUGHTY, Jr., et al., Plaintiffs, v. M/V TAMANO et al., Defendants and Third-Party Plaintiffs, v. STATE OF MAINE et al., Third-Party Defendants.

United States District Court, D. Maine, S. D.

February 26, 1974.

Attorney(s) appearing for the Case

Theodore H. Kurtz, John A. Graustein, Portland, Me., for Ernest E. Burgess, John S. Norton and Alberto L. DiMillo, and others.

Norman S. Reef, Portland, Me., Morris D. Katz, Boston, Mass., for Marshall Madsen.

Warren E. Winslow, Portland, Me., for Warren I. and Barbara S. Paul.

Thomas R. McNaboe, Benjamin Thompson, James P. Lansing, Portland, Me., for M/V Tamano and Messrs. Wilhelmson.

Ralph I. Lancaster, Jr., Portland, Me., for Texaco, Inc.

Allen vanEmmerik, Emmet B. Lewis, Admiralty & Shipping Section, Dept. of Justice, Washington, D.C., Peter Mills, U.S. Atty., Portland, Me., for the United States.

Jon A. Lund, Atty. Gen., Martin L. Wilk, Asst. Atty. Gen., Augusta, Me., for State of Maine.

Charles W. Smith, Saco, Me., James R. Flaker, Portland, Me., for Mark Snow, Frederick Ahearn and Wild Acres Tent and Trailer Park, Inc., and others.

John A. Mitchell, Portland, Me., Joseph C. Smith, John F. O'Connell, New York City, for Charles C. Dunbar, Jr. and Portland Pilots, Inc.

Michael B. Latti, Robert S. Wolfe, Boston, Mass., Frederick T. McGonagle, Gorham, for Calvin E. Doughty, Jr. and Anthony L. Gibbons.

OPINION AND ORDER OF THE COURT

GIGNOUX, District Judge.

These four consolidated actions arise out of the discharge into the waters of Casco Bay of approximately 100,000 gallons of Bunker C oil from the tanker M/V TAMANO when, while passing through Hussey Sound en route to the port of Portland early on the morning of July 22, 1972, she struck an outcropping of "Soldier Ledge." Among those named as defendants in all actions are the TAMANO, her owners and her...

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