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U.S. v. M/V SANTA CLARA I

Civ. A. No. 2:92-0389-18.

887 F.Supp. 825 (1995)

UNITED STATES of America, Plaintiff, v. M/V SANTA CLARA I, its engines, boilers, machinery, masts, boats, anchors, cables, chains, rigging, tackle, apparel, furniture, capstans, outfit, tools, pumps, pumping and other equipment, etc., in rem, and Kyriakopoulos Internacional, S.A.; and Empressa Naviera Santa, S.A.; and Juan Alvarez, in personam, Defendants. KYRIAKOPOULOS INTERNACIONAL, S.A.; and Empressa Naviera Santa, S.A., Third-Party Plaintiffs, v. COMPANIA MINERA EL INDIO; Chemical Specialities, Inc., Degesch de Chile, Ltd; and Degesch America, Inc., Third-Party Defendants.

United States District Court, D. South Carolina, Charleston Division.

May 8, 1995.

Attorney(s) appearing for the Case

Ben A. Hagood, Jr., Charleston, SC, Michael J. Devine, Eileen T. McDonough, Richard Buckingham, Washington, DC, for plaintiff.

Gordon Schreck, Douglas Muller, Charleston, SC, Brian Starer, Charles B. Anderson, New York City, for defendants.

ORDER

NORTON, District Judge.

This case involves a relatively small shipment of magnesium phosphide, a relatively large shipment of arsenic trioxide, and a storm at sea. As such, it is both an admiralty and an environmental case involving the M/V SANTA CLARA I. For the reasons set forth in detail below, this court denies the summary judgment motions made by Third Party Plaintiffs and Third Party Defendants.

I. BACKGROUND

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