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ALYESKA PIPELINE SERV. CO. v. UNITED STATES

No. 446-79L.

649 F.2d 831 (1981)

ALYESKA PIPELINE SERVICE COMPANY et al. v. The UNITED STATES.

United States Court of Claims.

May 6, 1981.

Attorney(s) appearing for the Case

Ernest C. Baynard III, Washington, D. C., Attorney of Record, for plaintiff. Connole & O'Connell, Washington, D. C., and Alfred T. Smith, Alyeska Pipeline Service Co., Anchorage, Alaska, of counsel.

Raymond W. Mushal, Washington, D. C., with whom was Asst. Atty. Gen. James W. Moorman, Washington, D. C., for defendant. Donald W. Stever, Jr., Dept. of Justice, and James K. Augustine, United States Coast Guard, Arlington, Va., of counsel.

Before FRIEDMAN, Chief Judge, COWEN, Senior Judge, and KUNZIG, Judge.

ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

FRIEDMAN, Chief Judge:

This is an action by the Alyeska Pipeline Service Company, which with its constituent companies owns and operates the Trans-Alaska Pipeline System, to recover from the United States the costs of cleaning up oil discharged from the pipeline into navigable waters. The suit is brought pursuant to section 311 of the Water Pollution Control Act, 33 U.S.C. § 1321, which provides that the owner...

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