BURGESS v. M/V TAMANO

Civ. Nos. 13-111, 13-156, 13-114, 13-115, 13-120 and 13-184.

373 F.Supp. 839 (1974)

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. STATE OF MAINE et al., Plaintiffs, v. M/V TAMANO et al., Defendants and Third-Party Plaintiffs, v. UNITED STATES of America, 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. Messrs. Wilhelm WILHELMSEN, Plaintiff, v. UNITED STATES of America, Defendant and Third-Party Plaintiff, v. Charles C. DUNBAR, Jr., et al., Third-Party Defendants.

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

March 22, 1974.


Attorney(s) appearing for the Case

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

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

Charles W. Smith, Saco, Me., James R. Flaker, Portland, Me., for Mark Snow, Fred Ahearn and others.

Michael B. Latti, Boston, Mass., Frederick T. McGonagle, Gorham, Me., for C. E. Doughty and A. L. Gibbons.

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

Fred C. Scribner, Jr., and Ralph I. Lancaster, Jr., Portland, Me., for Texaco, Inc.

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

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

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

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

David G. Armstrong, Cape Elizabeth, Me., for Jane S. Armstrong.


OPINION AND ORDER OF THE COURT

GIGNOUX, District Judge.

These six consolidated actions arise out of the discharge into the waters of Casco Bay of approximately 100,000 gallons of Bunker C oil by the tanker M/V TAMANO when, while passing through Hussey Sound en route to the port of Portland early on the morning of July 22, 1972, she struck an outcropping of "Soldier Ledge." Civil Nos. 13-111, 13-115, 13-120 and 13-156 are class actions brought on behalf of...

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