MATTER OF OSWEGO BARGE CORP.

No. 1608, Docket 81-6084.

664 F.2d 327 (1981)

In the Matter of the Complaint of OSWEGO BARGE CORPORATION, Plaintiff, as Bare Boat Chartered Owner of the Tug "EILEEN C" and Owner of the Barge "NEPCO 140," for Exoneration from or Limitation of Liability. UNITED STATES of America, Claimant-Appellant, v. OSWEGO BARGE CORPORATION, Appellee.

United States Court of Appeals, Second Circuit.

Decided October 20, 1981.


Attorney(s) appearing for the Case

Thomas W. Snook, Dept. of Justice, Washington, D.C. (Thomas S. Martin, Acting Asst. Atty. Gen., Dept. of Justice, Washington, D.C., George H. Lowe, U. S. Atty. for N.D. New York, Syracuse, N.Y., and Allen van Emmerik, Dept. of Justice, Washington, D.C., on the brief), for claimant-appellant.

John C. Koster, New York City (Allan A. Baillie, William N. France, and Healy & Baillie, New York City, on the brief), for appellee.

Before Van GRAAFEILAND and NEWMAN, Circuit Judges, and DUMBAULD, District Judge.


NEWMAN, Circuit Judge:

In the aftermath of a massive oil spill in the St. Lawrence Seaway, the United States filed claims for cleanup costs against the owner of the discharging vessel. Some of the claims were based on § 311 of the Federal Water Pollution Control Act (FWPCA), 33 U.S.C. § 1321 (1976); others were based on traditional maritime law, the federal common law of public nuisance, and § 13 of the Rivers and Harbors Act of 1899, 33 U.S.C. §...

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