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UNITED STATES v. INDEPENDENT BULK TRANSPORT, INC.

No. 74 Civ. 2257.

394 F.Supp. 1319 (1975)

UNITED STATES of America, Plaintiff, v. INDEPENDENT BULK TRANSPORT, INC., Defendant.

United States District Court, S. D. New York.

May 29, 1975.

Attorney(s) appearing for the Case

Paul J. Curran, U. S. Atty., S. D. N. Y., Gilbert S. Fleischer, Atty. in charge, Admiralty & Shipping Section, Dept. of Justice, New York City, for U. S.; John C. Lane, New York City, of counsel.

Peter M. Frank, New York City, for defendant; Jared B. Stamell, Washington, D. C., of counsel.

MEMORANDUM

FRANKEL, District Judge.

Plaintiff United States sues for civil penalties administratively adjudged by the Coast Guard for one alleged and one admitted oil spill from defendant's tank barge in March and May 1973, respectively. Upon facts largely undisputed, the court has cross-motions for summary judgment posing issues of administrative procedural law.

The case arises under § 311(b) of the Federal Water Pollution Control Act Amendments...

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