U.S. v. HYUNDAI MERCHANT MARINE CO., LTD.

Nos. 97-35538, 97-35820.

172 F.3d 1187 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. HYUNDAI MERCHANT MARINE CO., LTD.; Britannia Steam Ship Insurance Association, Ltd., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed April 20, 1999.


Attorney(s) appearing for the Case

Dawn M. Schock, Michael H. Woodell, Keesal, Young & Logan, Long Beach, California, for the defendants-appellants.

R. Michael Underhall, United States Department of Justice, Torts Branch, Civil Division, San Francisco, California, for the plaintiff-appellee.

Before: CANBY and TASHIMA, Circuit Judges, and EZRA, Chief District Judge.


CANBY, Circuit Judge:

Hyundai Merchant Marine Co. appeals from a $1,702,553.51 damage award to the United States pursuant to the Oil Pollution Act of 1990 ("OPA"), 33 U.S.C. §§ 2701-2761. The OPA provides that a party responsible for a vessel that discharges or threatens to discharge oil into navigable waters is liable for "removal costs and damages," id. § 2702(a), including removal costs incurred by the United States. Id. § 2701...

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