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UNITED STATES v. DIXIE CARRIERS, INC.

No. 79-3043.

627 F.2d 736 (1980)

UNITED STATES of America, Plaintiff-Appellant, v. DIXIE CARRIERS, INC., and Water Quality Insurance Syndicate, in personam and M/V Dixie Buccaneer and T/B ABC 2311, in rem, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 10, 1980.

Attorney(s) appearing for the Case

Allen van Emmerik, Torts Branch, Civil Div., Dept. of Justice, Washington, D. C., for plaintiff-appellant.

Frederick William Bradley, New Orleans, La., for defendants-appellees.

Before THORNBERRY, ANDERSON and THOMAS A. CLARK, Circuit Judges.

THORNBERRY, Circuit Judge:

This interlocutory appeal from partial summary judgment for the defendants in a suit brought by the government to recover oil spill cleanup costs presents a single issue: whether the Federal Water Pollution Control Act of 1972, 33 U.S.C. § 1321(f)(1), prevents the government from recovering its oil spill cleanup costs under additional legal theories. Because we conclude that Congress intended for the Federal Water Pollution Control...

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