COMPLAINT OF HOKKAIDO FISHERIES CO., LTD.

Civ. Nos. A 80-137, A 80-199.

506 F.Supp. 631 (1981)

In the Matter of The Complaint of HOKKAIDO FISHERIES CO., LTD. for Exoneration from or Limitation of Liability. In the Matter of The Complaint of LEE WANG ZIN NAVIGATION CO., S. A., and Kee Yeh Maritime Co., Ltd. for Exoneration from or Limitation of Liability.

United States District Court, D. Alaska.

February 4, 1981.


Attorney(s) appearing for the Case

Bradbury, Bliss & Riordan, Michael H. Woodell, Anchorage, Alaska, for Hokkaido Fisheries Co., Ltd. in A 80-137 and for Lee Wang Zin Navigation Co., S. A. and Kee Yeh Maritime Co., Ltd. in A 80-199.

Alice Daniel, Asst. Atty. Gen., Washington, D. C., Rene Gonzales, Acting U. S. Atty., District of Alaska, Anchorage, Alaska, Philip A. Berns, Atty. in Charge, Torts Branch, Civil Division, San Francisco, Cal., Warren A. Schneider, Norman J. Ronneberg, Jr. (argued), Torts Branch, Civil Division, U. S. Dept. of Justice, San Francisco, Cal., for claimant United States of America in both A 80-137 and A 80-199.


OPINION AND ORDER

FITZGERALD, District Judge.

The government's motion to file a claim outside of limitation in admiralty raises one issue. Does the Clean Water Act of 19771 give the United States a right, as a matter of law, to file claims for recovery of costs of oil pollution cleanup outside of a shipowner's action for exoneration from or limitation of liability.2 I conclude that the government...

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