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UNITED STATES v. BEAR MARINE SERVICES

Civ. A. No. 79-3331.

509 F.Supp. 710 (1980)

UNITED STATES v. BEAR MARINE SERVICES et al.

United States District Court, E. D. Louisiana.

December 18, 1980.

Attorney(s) appearing for the Case

Leonard P. Avery, Asst. U. S. Atty., New Orleans, La., Thomas W. Snook, T.A., Torts Branch-Civil Division, U. S. Dept. of Justice, Washington, D. C., for the United States.

Henry J. Read, Machale A. Miller, Montgomery, Barnett, Brown & Read, New Orleans, La., Sheldon A. Vogel, Bigham, Englar, Jones & Houston, New York City, for Consolidated Towing Co. and Bear Marine Towing.

Francis Emmett, New Orleans, La., for Bear Marine Towing.

William E. O'Neil, Mark L. Ross, Lemle, Kelleher, Kohlmeyer & Matthew, New Orleans, La., for International Matex Terminals.

ARCENEAUX, District Judge.

Exerting a purely maritime claim, the United States seeks to recover oil clean-up costs from International Matex Tank Terminal ("IMTT"). The costs were incurred when a barge, in the tow of the Tug Frances Twitty and owned by Bear Marine Services, was holed when it struck a dolphin owned by IMTT. IMTT moved to dismiss the claim, asserting the exclusivity of the Federal Water Pollution Control Act, as amended by the Water and Environmental...

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