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COMPLAINT OF OSWEGO BARGE CORP.

No. 1608, Docket 81-6084.

673 F.2d 47 (1982)

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 March 4, 1982.

NEWMAN, Circuit Judge:

The United States petitions for rehearing of our decision reported at 664 F.2d 327, (2nd Cir.) vigorously asserting that our interpretation of § 311 of the FWPCA as preempting non-FWPCA damage remedies fails to recognize the contrary force of prior decisions that declined to construe acts of Congress to preempt remedies available to the United States. E.g., United States v. Stevenson,

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