COM. OF PUERTO RICO v. SS ZOE COLOCOTRONI

No. 78-1543.

601 F.2d 39 (1979)

COMMONWEALTH OF PUERTO RICO et al., Plaintiffs, Appellees, v. The SS ZOE COLOCOTRONI, Her Engines, Appurtenances, etc., et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided July 10, 1979.


Attorney(s) appearing for the Case

Owen McGivern, John W. Wall, Peter S. Dealy, Gary B. Schmidt, Donovan, Leisure, Newton & Irvine, Kirlin, Campbell & Keating, Daniel J. Dougherty, Mary Louise Montgomery, New York City, Leo F. Glynn, Richard A. Dempsey, and Glynn & Dempsey, Boston, Mass., on application for leave to file motion in district court.

Nicolas Jimenez, Jimenez & Fuste, and William A. Graffam, San Juan, P. R., on memorandum in opposition to application.

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


LEVIN H. CAMPBELL, Circuit Judge.

At issue is the proper procedure to be followed in filing a motion for relief from judgment, Fed.R.Civ.P. 60(b), while an appeal from the same judgment is already pending in this court.

Defendants-appellants have filed a timely appeal from a final judgment which holds them liable for more than six million dollars in damages due to environmental harm caused by an oil spill from the tanker The SS Zoe Colocotroni. We have granted...

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