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UNION OIL COMPANY v. OPPEN

No. 72-2855.

501 F.2d 558 (1974)

UNION OIL COMPANY et al., Appellants, v. James J. OPPEN and John J. Masterson et al., Appellees.

United States Court of Appeals, Ninth Circuit.

June 7, 1974.

Attorney(s) appearing for the Case

Max K. Jamison (argued), Robert K. Wrede, Alfred T. Smith, of McCutchen, Black, Verleger & Shea, Allyn O. Kreps, Girard E. Boudreau, Jr., Frank G. Ker, Richard H. Zahm, Douglas C. Gregg, George C. Bond, Sam A. Snyder, of O'Melveny & Myers, Walter O. Schell, Richard B. Goethals, Thomas J. Kelley, Jr., Miles W. Newby, Jr., B. J. Roose, of Schell & Delamer, Los Angeles, Cal., for appellants.

James W. McCord (argued), Thomas M. Crehan, of Bodkin, Breslin & Luddy, Los Angeles, Cal., James J. Oppen (argued), Santa Barbara, Cal., Paul L. Tepper, of Moriarity & Tepper, North Hollywood, Cal., Ronald W. Cook, of Price, Postel & Parma, Santa Barbara, Cal., for appellees.

Before ELY and SNEED, Circuit Judges, and SOLOMON, District Judge.

OPINION

SNEED, Circuit Judge:

This is another case growing out of the Santa Barbara oil spill of 1969. The plaintiffs are commercial fishermen. Each of their complaints alleges that the cause of action has been brought under the provisions of the Outer Continental Shelf Lands Act of 1953, 43 U.S.C. § 1331 et seq.; that the defendants joined in an enterprise, the day-to-day operation of which was within the control and under the management of defendant...

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