STEUART TRANSPORTATION COMPANY, Appellant,
v.
ALLIED TOWING CORPORATION, in personam, and its TUG FALCON, in rem, Commonwealth of Virginia (State Water Control Board), United States of America, Appellees,
Amoco Oil Company, and Winfred E. Sutton, Sr., Defendants.
STEUART TRANSPORTATION COMPANY, Appellee,
v.
UNITED STATES of America, Appellant,
Allied Towing Corporation, in personam, and its Tug Falcon, in rem, Commonwealth of Virginia (State Water Control Board), Amoco Oil Company, and Winfred E. Sutton, Defendants.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued November 14, 1978.
Decided April 10, 1979.
Attorney(s) appearing for the Case
Robert M. Hughes, III, Philip N. Davey, Norfolk, Va. (Michael F. Leban, Seawell, McCoy, Dalton, Hughes, Gore & Timms, Norfolk, Va., on brief), for Steuart Transp. Co.
Morton H. Clark, Norfolk, Va. (G. William Birkhead, Carter T. Gunn, Vandeventer, Black, Meredith & Martin, Norfolk, Va., on brief), for Allied Towing Corp.
Timothy G. Hayes, Asst. Atty. Gen., Richmond, Va. (Marshall Coleman, Atty. Gen. of Virginia and David E. Evans, Asst. Atty. Gen., Richmond, Va., on brief), for Commonwealth of Virginia.
Allen Van Emmerik, Atty., Dept. of Justice, Washington, D. C. (Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., William B. Cummings, U. S. Atty., Alexandria, Va., Leonard Schaitman, Atty., Dept. of Justice, Washington, D. C., on brief), for United States of America.
David R. Owen, President, Nicholas J. Healy, Chairman, Committee on Uniformity of United States Maritime Law on brief, for amicus curiae The Maritime Law Ass'n of the United States.
Francis B. Burch, Atty. Gen. of Maryland, Baltimore, Md., Edward F. Lawson, Asst. Atty. Gen., State of Maryland, John B. Griffith, Asst. Atty. Gen., Dept. of Natural Resources, Annapolis, Md., Joseph E. Brennan, Atty. Gen. of Maine, Augusta, Maine, Louis J. Lefkowitz, Atty. Gen. of New York, New York City, Robert L. Shevin, Atty. Gen. of Florida, Tallahassee, Fla., Rufus L. Edmisten, Atty. Gen. of North Carolina, Raleigh, N. C., on brief), for States of Maryland, Maine, New York, Florida and North Carolina as amici curiae.
Before BUTZNER, WIDENER and PHILLIPS, Circuit Judges.
United States Court of Appeals, Fourth Circuit.
BUTZNER, Circuit Judge:
Steuart Transportation Company and the United States appeal a judgment entered in the liability phase of a bifurcated trial on Steuart's petition for limitation of liability arising from an oil spill out of Steuart's tank barge STC-101. We hold that (1) Steuart cannot claim contribution from the tug that was towing the barge at the time of the accident, (2) Steuart can secure limitation of liability under the Federal Water Pollution Control...
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