UNITED STATES v. LeBEOUF BROS. TOWING CO.

No. 78-3261.

621 F.2d 787 (1980)

UNITED STATES of America, Plaintiff-Appellant, v. LeBEOUF BROTHERS TOWING CO., etc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 18, 1980.


Attorney(s) appearing for the Case

Thomas Willard Snook, Dept. of Justice, Civ. Div., Torts Branch (Admiralty), Leonard Schaitman, Dept. of Justice, Civ. Div., Appellate Staff, Michael K. Bell, Dept. of Justice, Civ. Div., Torts Branch, Washington, D. C., for the U. S.

Margaret R. Tribble, William E. O'Neil, New Orleans, La., for defendant-appellee.

Before THORNBERRY, ANDERSON and THOMAS A. CLARK, Circuit Judges.


THORNBERRY, Circuit Judge:

In this appeal from judgment against the Government in its suit to recover clean-up costs under 33 U.S.C. § 1321 (1976) for an oil spill from appellee's tanker barge, we must interpret the clause in section 1321(f)(1) that establishes a third-party defense for the owners of the discharging vessel. Because we conclude that the tugboat hired by the appellees in this case does not constitute a "third party" under section 1321(f)(1), we...

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