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UNITED STATES v. M/V ZOE COLOCOTRONI

No. 78-1542.

602 F.2d 12 (1979)

UNITED STATES of America, Plaintiff, Appellant, v. The M/V ZOE COLOCOTRONI, etc., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 29, 1979.

Attorney(s) appearing for the Case

Allen P. van Emmerik, Atty., U. S. Dept. of Justice, Washington, D. C., with whom Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., Julio Morales Sanchez, U. S. Atty., San Juan, P. R., and Michael Kimmel, Atty., U. S. Dept. of Justice, Washington, D. C., were on brief, for appellant.

Owen McGivern, New York City, with whom John W. Wall, Peter S. Dealy, Gary B. Schmidt, Richard A. Booth, Donovan, Leisure, Newton & Irvine, Daniel J. Dougherty, Mary Louise Montgomery, and Kirlin, Campbell & Keating, New York City, were on brief, for appellees.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, WYZANSKI, Senior District Judge.

COFFIN, Chief Judge.

This suit arises from an action brought by the United States to recover its costs of cleaning up an oil spill. The spill occurred when the defendants' oil tanker, the SS ZOE COLOCOTRONI ran aground about three miles off the southern coast of Puerto Rico and jettisoned more than 5000 tons of crude oil into the Caribbean in an attempt to refloat. The defendants moved for summary judgment in favor of the United States in the full amount of the government...

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