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CITIES SERVICE PIPE LINE CO. v. U.S.

Appeal No. 84-845.

742 F.2d 626 (1984)

CITIES SERVICE PIPE LINE COMPANY, Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

September 6, 1984.

Attorney(s) appearing for the Case

Charles L. Berry, Houston, Tex., argued for appellant. With him on the brief was Sharon M. Mattox, Houston, D.C.

Arthur E. Gowran, Washington, D.C., argued for appellee. With him on the brief were F. Henry Habicht, II, Asst. Atty. Gen., Robert L. Klarquist, Lawrence R. Liebesman and George B. Henderson, Washington, D.C.

Before MARKEY, Chief Judge, and DAVIS and BENNETT, Circuit Judges.

BENNETT, Circuit Judge.

Appellant, Cities Service Pipe Line Company (Cities Service), appeals the decision of the United States Claims Court, 4 Cl.Ct. 207 (1983), denying its request to recover removal costs from the United States pursuant to the Federal Water Pollution Control Act (FWPCA), 33 U.S.C. § 1321(i)(1)(D) (1976). We affirm.

On March 20, 1980, a Cities Service pipeline in Harris County, Texas, burst, discharging approximately 8,797 barrels of...

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