BURGESS v. M/V TAMANO

Civ. Nos. 13-111 and 13-156, 13-115, 13-120.

370 F.Supp. 247 (1973)

Ernest E. BURGESS et al., Plaintiffs, v. M/V TAMANO et al., Defendants and Third-Party Plaintiffs, v. UNITED STATES of America et al., Third-Party Defendants. Mark SNOW et al., Plaintiffs, v. M/V TAMANO et al., Defendants and Third-Party Plaintiffs, v. UNITED STATES of America et al., Third-Party Defendants. Calvin E. DOUGHTY, Jr., et al., Plaintiffs, v. M/V TAMANO et al., Defendants and Third-Party Plaintiffs, v. UNITED STATES of America, Third-Party Defendants.

United States District Court, D. Maine, S. D.

July 27, 1973.


Attorney(s) appearing for the Case

Theodore H. Kurtz, John A. Graustein, Portland, Me., for Ernest E. Burgess, John S. Norton and Alberto L. DiMillo, and others.

Norman S. Reef, Portland, Me., Morris D. Katz, Boston, Mass., for Marshall Madsen.

Warren E. Winslow, Portland, Me., for Warren I. and Barbara S. Paul.

Thomas R. McNaboe, Benjamin Thompson, James P. Lansing, Portland, Me., for M/V Tamano and Messrs. Wilhelmson.

Ralph I. Lancaster, Jr., Portland, Me., for Texaco, Inc.

Allen vanEmmerik, Emmet B. Lewis, Admiralty & Shipping Section, Dept. of Justice, Washington, D. C., Peter Mills, U.S. Atty., Portland, Me., for U.S.A.

Jon A. Lund, Atty. Gen., Martin L. Wilk, Asst. Atty. Gen., Augusta, Me., for State of Maine.

Charles W. Smith, Saco, Me., James R. Flaker, Portland, Me., for Mark Snow and Frederick Ahearn and Wild Acres Tent and Trailer Park, Inc., and others.

John A. Mitchell, Portland, Me., Joseph C. Smith, John F. O'Connell, New York City, for Charles C. Dunbar, Jr. and Portland Pilots, Inc.

Michael B. Latti, Robert S. Wolfe, Boston, Mass., Frederick T. McGonagle, Gorham, Me., for Calvin E. Doughty, Jr. and Anthony L. Gibbons.

Frederick P. Armstrong, Jr., Cape Elizabeth, Me., for Jane S. Armstrong.


MEMORANDUM OF OPINION AND ORDER OF THE COURT

GIGNOUX, District Judge.

Plaintiffs in these class actions seek to recover damages incurred as a result of the discharge into the waters of Casco Bay of approximately 100,000 gallons of Bunker C oil from the tanker M/V TAMANO early on the morning of July 22, 1972, when she struck an outcropping of "Soldier Ledge" while passing through Hussey Sound en route to the port of Portland. Variously named as defendants...

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