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AMERICAN WATERWAYS OPERATORS, INC. v. ASKEW

No. 71-156-Civ.-J.

335 F.Supp. 1241 (1971)

The AMERICAN WATERWAYS OPERATORS, INC., etc., et al., Plaintiffs, and Suwannee Steamship Company, etc., et al., Intervening Plaintiffs, v. Reubin O'D. ASKEW, as Governor of the State of Florida, et al., Defendants.

United States District Court, M. D. Florida, Jacksonville Division.

December 10, 1971.

Attorney(s) appearing for the Case

Healy & Baillie, Haight, Gardner, Poor & Havens, New York City, Fowler, White, Gillen, Humkey, Kinney & Boggs, Tampa, Fla., Kurz, Toole, Taylor, Moseley & Gabel, Rogers, Towers, Bailey, Jones & Gay, Jacksonville, Fla., for plaintiffs.

Daniel S. Dearing, Asst. Atty. Gen., Tallahassee, Fla., for defendants.

Before RONEY, Circuit Judge, and SCOTT and TJOFLAT, District Judges.

MEMORANDUM OPINION AND FINAL JUDGMENT

TJOFLAT, District Judge:

During the 1970 session the Florida Legislature passed the "Oil Spill Prevention and Pollution Control Act"1 (hereinafter called the "Florida Act") in an attempt to prevent pollution by the shipping industry of waters within the territorial jurisdiction of the State of Florida. The Act imposes unlimited liability without fault upon virtually any vessel which discharges...

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