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U.S. v. M/V JACQUELYN L

No. 91-10067-CIV-NESBITT.

900 F.Supp. 462 (1995)

UNITED STATES of America, et al., Plaintiffs, v. M/V JACQUELYN L, et al., Defendants.

United States District Court, S.D. Florida.

September 21, 1995.

Attorney(s) appearing for the Case

Debra J. Kossow, U.S. Justice Dept., Civ. Div., Washington, DC, for U.S.

John W. Costigan, Dept. of Environmental Protection, Tallahassee, FL, for Internal Improvement Trust Fund, Bd. of Trustees, and State of Florida.

Chris Fertig, Fertig & Gramling, Ft. Lauderdale, FL, for defendants.

ORDER GRANTING SUMMARY JUDGMENT AS TO COUNT I

NESBITT, District Judge.

This cause comes before the Court upon Plaintiff United States of America's ("United States") Motion for Partial Summary Judgment, filed February 15, 1995 (DE # 98), and Defendants cross-motion to strike and for partial summary judgment, filed March 16, 1995 (DE # 102).

BACKGROUND

On July 7, 1991, Defendant M/V Jacquelyn L, operated by Defendants Joseph Mogavero...

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