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SLAVEN v. BP AMERICA, INC.

No. 92-55155.

973 F.2d 1468 (1992)

Donald SLAVEN; Salvatore Russo; Carl Gassaway; Yeriko Nitta, d/b/a The Seacliff Motel; Salvatore Manzella; Steven Panto and Donna Panto; Heinz Pet Products Company, a Division of Star-Kist Foods, Inc., a California Corporation, Plaintiffs-Appellees, v. BP AMERICA, INC.; BP Oil Shipping Co., U.S.A.; BP Oil Supply Company; American Trading Transportation Company, Inc.; American Trading and Production Corporation, Defendants-Appellees, and Trans-Alaska Pipeline Liability Fund, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 31, 1992.

Attorney(s) appearing for the Case

Randolph D. Moss, Wilmer, Cutler & Pickering, Washington, D.C., for defendant-appellant.

David E.R. Woolley, Williams Woolley Cogswell Nakazawa & Russell, Long Beach, Cal., for plaintiffs-appellees.

Linus Masouredis, Deputy Atty. Gen., Oakland, Cal., for defendant-appellee.

William P. Barry, Baker Hostetler McCutchen Black, Los Angeles, Cal., for defendant-appellee.

Philip A. Berns (argued), Atty., and Warren A. Schneider, Asst. Atty., U.S. Dept. of Justice, Civil Div., Torts Branch, West Coast Office, for Appellee, U.S.

Before TANG, SCHROEDER, and BEEZER, Circuit Judges.

TANG, Circuit Judge:

In February 1990, the oil tanker American Trader spilled approximately 400,000 gallons of Alaskan crude oil into the Pacific Ocean, off Huntington Beach, California. The oil had been transferred to the American Trader from the Keystone Canyon, which had loaded the oil in Alaska. Various parties filed suit against the owners of the ship and oil and against the Trans-Alaska Pipeline Liability Fund ("the Fund"). The Fund moved...

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