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BALLARD SHIPPING CO. v. BEACH SHELLFISH

No. 94-1059.

32 F.3d 623 (1994)

In re BALLARD SHIPPING COMPANY, etc., Plaintiff, Appellee, v. BEACH SHELLFISH, et al., Claimants, Appellants.

United States Court of Appeals, First Circuit.

Decided August 18, 1994.

Attorney(s) appearing for the Case

Thomas M. Bond with whom David B. Kaplan and The Kaplan/Bond Group, Boston, MA, were on brief, for appellants.

John J. Finn with whom Thomas H. Walsh, Jr., Marianne Meacham and Bingham, Dana & Gould, Boston, MA, were on brief, for appellee.

Before SELYA, Circuit Judge, BOWNES, Senior Circuit Judge, and BOUDIN, Circuit Judge.

BOUDIN, Circuit Judge.

This appeal presents the question whether federal maritime law preempts Rhode Island legislation affording expanded state-law remedies for oil pollution damage. In an able opinion, the district court held that the remedies were preempted. Discerning the law in this area is far from easy; one might tack a sailboat into a fog bank with more confidence. Yet guided in part by an important Supreme Court decision rendered after the district court...

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