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BURGESS v. M/V TAMANO

No. 76-1020.

564 F.2d 964 (1977)

Ernest E. BURGESS et al., Plaintiffs, v. M/V TAMANO et al., Defendants, Appellees. Appeal of UNITED STATES of America.

United States Court of Appeals, First Circuit.

Decided August 24, 1977.

Attorney(s) appearing for the Case

Allen van Emmerik, Atty., U. S. Dept. of Justice, Washington, D. C., with whom Rex E. Lee, Asst. Atty. Gen., Washington, D. C., Peter Mills, U. S. Atty., Portland, Me., Leonard Schaitman and Emmett B. Lewis, Attys., U. S. Dept. of Justice, Washington, D. C., were on brief, for appellant.

Joseph C. Smith, New York City, and Benjamin Thompson, with whom David P. Cluchey, Thompson, Willard & McNaboe, Portland, Me., and Burlingham, Underwood & Lord, New York City, were on brief, for defendants, appellees.

Before COFFIN, Chief Judge, ALDRICH and CAMPBELL, Circuit Judges.

ALDRICH, Senior Circuit Judge.

This appeal is from a finding of the district court for the District of Maine imposing upon the United States sole liability for a supertanker's striking a submerged ledge, and a consequent oil spill. The government denies fault, or, at the least, asserts that the fault was not its alone, and contends that the district court's contrary findings are clearly erroneous.

On July 22, 1972...

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