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UNITED STATES v. WATER QUALITY INS. SYNDICATE

No. 84 Civ. 7737 (GLG).

613 F.Supp. 239 (1985)

UNITED STATES of America, Plaintiff, v. WATER QUALITY INSURANCE SYNDICATE, Defendant and Third-Party Plaintiff, v. M/V COVE LEADER, her engines, boilers, tackle, etc., and Cove Shipping, Inc., Third-Party Defendants.

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

July 11, 1985.

Attorney(s) appearing for the Case

Richard K. Willard, Acting Asst. Atty. Gen., Washington, D.C., Rudolph W. Giuliani, U.S. Atty. for the S.D. of N.Y., Janis G. Schulmeisters, Atty. in charge, New York City, N.Y., for the U.S. of America; Janis G. Schulmeisters, Thomas F. Murphy, Jr., of counsel.

Thacher, Proffitt & Wood, New York City, N.Y., Attys. for defendant and third-party plaintiff; Sheldon A. Vogel, John M. Woods, of counsel.

Freehill, Hogan & Mahar, New York City, N.Y., for third-party defendants; Patrick J. Bonner, of counsel.

OPINION

GOETTEL, District Judge:

The Government commenced this action on October 25, 1980, to recover expenses it incurred cleaning up an oil spill. By motion, the defendant and third-party plaintiff and the third-party defendant seek to dismiss this action as time barred. For the reasons set forth below, the Court denies this motion.

I. BACKGROUND

On February 25, 1980, approximately 630 gallons of No. 6 oil spilled from the Coastal 2505...

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