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RELIANCE INS. CO. v. UNITED STATES

No. 146-79L.

677 F.2d 844 (1982)

RELIANCE INSURANCE COMPANY v. The UNITED STATES, J. H. Baxter & Company, Third-Party Defendant.

United States Court of Claims.

April 21, 1982.

Attorney(s) appearing for the Case

Kevin P. Nolan, San Francisco, Cal., attorney of record, for plaintiff.

Nancy L. Long, Washington, D. C., with whom was Asst. Atty. Gen. Carol E. Dinkins, Washington, D. C., for defendant.

James C. Martin, Oakland, Cal., for J. H. Baxter & Co., third-party defendant. John A. Reding, Oakland, Cal., attorney of record, for J. H. Baxter & Co.

Before FRIEDMAN, Chief Judge, and KUNZIG and BENNETT, Judges.

ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT

BENNETT, Judge:

This case involves an action by plaintiff to recover from defendant the costs incurred in the cleanup and removal of oil spilled into one of the navigable waterways of the United States. Jurisdiction is based on the Federal Water Pollution Control Act, as amended in 1972, Pub.L.No.92-500, sec. 2, title III, § 311(i)(1), 86 Stat. 868, 33 U.S.C....

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