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UNITED STATES v. P/B STCO 213, ON 527 979

Nos. 83-2644, 83-4716 and 84-2087.

756 F.2d 364 (1985)

UNITED STATES of America, Plaintiff-Appellant, v. P/B STCO 213, ON 527 979, In Rem, Sabine Towing and Transportation Co. and Water Quality Insurance Syndicate, In Personam, Defendants-Appellees. UNITED STATES of America, Plaintiff-Appellant, v. T/B 7026, O. N. 010777, In Rem, Gulf Water Towing, Inc., In Personam and Conoco, Inc., Defendants-Appellees. UNITED STATES of America, Plaintiff-Appellee, v. T/B STCO 225, M/V ACHILLES, In Rem, Defendants, Sabine Towing & Transportation Co., Inc., and Water Quality Insurance Syndicate, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 1, 1985.

Attorney(s) appearing for the Case

Daniel K. Hedges, U.S. Atty., James R. Gough, Jack Shepherd, Asst. U.S. Attys., Houston, Tex., for U.S. in No. 83-2644.

Steven J. Delaney, Dept. of Justice Civ. Div., Torts Branch, Washington, D.C., for U.S. in all cases.

Ross, Griggs & Harrison, Kent E. Westmoreland, J. Douglas Sutter, Houston, Tex., Thacher, Proffitt & Wood, John M. Woods, Sheldon A. Vogel, New York City, for defendants-appellees in Nos. 83-2644 and 84-2087.

Jones, Tete, Nolen, Hanchey, Swift & Spears, Gregory P. Massey, Lake Charles, La., for Conoco, Inc.

Before REAVLEY, TATE, and HILL, Circuit Judges.

TATE, Circuit Judge:

These three consolidated appeals require us to decide what, if any, limitations period governs actions brought by the United States under the Federal Water Pollution Control Act (FWPCA) to recover the cost of cleaning waters polluted by the discharge of oil or hazardous substances. See 33 U.S.C. § 1321(f)(1) (establishing the cause of action).

All three appeals involve the cleanup...

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