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CHEMICAL APPLICATIONS CO. v. HOME INDEMNITY CO.

Civ. A. No. 73-248-G.

425 F.Supp. 777 (1977)

CHEMICAL APPLICATIONS COMPANY, INC., Plaintiff, v. The HOME INDEMNITY COMPANY, Defendant.

United States District Court, D. Massachusetts.

January 27, 1977.

Attorney(s) appearing for the Case

Richard A. Dempsey, Glynn & Dempsey, Boston, Mass., for plaintiff.

Robert W. Cornell, Cornell & Gollub, Boston, Mass., for defendant.

OPINION

ALDRICH,* Senior Circuit Judge.

This is a diversity action by an insured under a liability policy1 to recover its costs in cleaning up an oil spill in navigable waters for which it was responsible, without regard to fault, under 33 U.S.C § 1321 (Supp. V, 1975), notably subsection (f)(2),

". . . shall be liable to the United States Government for the actual costs incurred under...

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