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BOCA CIEGA HOTEL v. BOUCHARD TRANSP. CO.

Nos. 94-2294, 94-2398.

51 F.3d 235 (1995)

BOCA CIEGA HOTEL, INC., a Florida corporation; Barry G. Jones, d/b/a All Suites Motel; Brenda Louise Jones, d/b/a All Suites Motel; John Jones, Plaintiffs-Appellants, v. BOUCHARD TRANSPORTATION COMPANY, INC., Maritrans Operating Partners L.P., Tug Captain Fred Bouchard Corporation, a New York corporation, Barge B 155 Corp., a New York corporation, Jose Salamanca, Captain; Pepito G. Amora, Thomas A. Baggett, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

As Amended April 26, 1995.

Attorney(s) appearing for the Case

Dominick Joseph Graziano, Tampa, FL, Ralph O. Anderson, Hicks, Anderson & Blum, P.A., Miami, FL, for appellants.

Carl R. Nelson, Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Nathaniel G.W. Peiper, Lau, Lane, Pieper & Asti, P.A., Tampa, FL, Robert B. Parrish, Taylor, Moseley & Joyner, P.A., Jacksonville, FL, for appellees.

Before BLACK and BARKETT, Circuit Judges, and RONEY, Senior Circuit Judge.

BLACK, Circuit Judge:

In this case we must decide whether the claims presentation procedure of the Oil Pollution Act of 1990 (OPA or Act), 33 U.S.C.A. §§ 2701-2761 (West Supp.1994), constitutes a mandatory condition precedent to the filing of private lawsuits under the Act. We conclude that it does and affirm.1

I. BACKGROUND

On August 10, 1993, four vessels collided in Tampa Bay, spilling thousands of gallons...

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