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MATTER OF METLIFE CAPITAL CORP.

Nos. 97-1321, 97-1322.

132 F.3d 818 (1997)

In the Matter of: The Complaint of METLIFE CAPITAL CORP., Etc., Plaintiff-Appellant, COMMONWEALTH OF PUERTO RICO, et al., Plaintiffs-Appellees, v. M/V EMILY S., Etc., et al., Defendants-Appellees. In The Matter of: BUNKER GROUP, INC., et al., Plaintiffs-Appellants, COMMONWEALTH OF PUERTO RICO, et al., Plaintiffs-Appellees, v. M/V EMILY S., Etc., et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided December 24, 1997.

Attorney(s) appearing for the Case

Michael Mirande, with whom Robert F. Bakemeier, Bogle & Gates P.L.L.C., José E. Alfaro-Delgado and Calvesbert, Alfaro & López-Conway were on brief for appellant Metlife Capital Corporation.

John M. Woods, with whom Andrew J. Garger, Thacher Proffitt & Wood, William A. Graffam, Patricia A. Garrity and Jiménez Graffam & Lausell were on brief for appellant Bunker Group, Inc.

Mee Lon Lam, Trial Attorney, Torts Branch, Civil Division, U.S. Department of Justice, with whom Frank W. Hunger, Assistant Attorney General, Civil Division, and Guillermo Gil, United States Attorney, were on brief for appellee United States of America.

Antonio J. Rodríguez, with whom Rice Fowler, José A. Fuentes-Agostini, Attorney General, Commonwealth of Puerto Rico, John F. Nevares and Smith & Nevares were on brief for appellee Commonwealth of Puerto Rico.

Before Torruella, Chief Judge, Lynch, Circuit Judge, and Keeton, District Judge.

TORRUELLA, Chief Judge.

These two actions, consolidated for appeal, challenge the district court's ruling that the Oil Pollution Act of 1990 ("OPA"), 33 U.S.C. §§ 2701-61, repealed the Limitation of Shipowner's Liability Act of 1851 ("Limitation Act"), 46 U.S.C.App. §§ 181-96, as to oil spill claims for removal costs and damages arising under the OPA. We hold that claims arising under the OPA (for pollution removal costs and damages) are not subject...

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