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TANKER HYGRADE NO. 18, INC. v. UNITED STATES

No. 439-73.

526 F.2d 805 (1975)

TANKER HYGRADE NO. 18, INC. v. The UNITED STATES and Motor Tug Crusader, Inc., et al., Third-Party Defendants.

United States Court of Claims.

December 17, 1975.

Attorney(s) appearing for the Case

Stephen J. Buckley, New York City, atty. of record, for plaintiff and for third-party defendant Tanker Hygrade No. 24, Inc.; McHugh, Heckman, Smith & Leonard, New York City, of counsel.

Robert P. Whelan, New York City, atty. of record, for third-party defendants Clayton P. Kehoe Towing Co., Inc. and Martin J. Kehoe Towing Co., Inc.; Darby, Healey, Stonebridge & Whelan and Francis J. McCaffrey, Jr., New York City, of counsel.

Rosemary A. Denson, Washington, D.C., with whom was Asst. Atty. Gen. Rex E. Lee, for defendant.

Before DURFEE, Senior Judge, and NICHOLS and KASHIWA, Judges.

KASHIWA, Judge:

This is a suit by plaintiff against the United States to recover clean-up costs resulting from an oil spill on one of the navigable waterways of the United States. We deny plaintiff's claim and grant defendant's motion for summary judgment for reasons hereinafter stated.

Jurisdiction of this court over this action is founded upon 33 U.S.C. § 1161(i)(1) (1970), entitled "Control of pollution by oil."1

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