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GATLIN OIL CO., INC. v. U.S.

No. 97-2079.

169 F.3d 207 (1999)

GATLIN OIL COMPANY, INCORPORATED, a North Carolina Corporation, Plaintiff-Appellee, v. UNITED STATES of America; Department of Transportation, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided March 2, 1999.

Attorney(s) appearing for the Case

ARGUED: Joan M. Pepin, United States Department of Justice, Washington, D.C., for Appellants. Donna Pyle Walker, Walker, Walker, Wendlandt & Osowski, L.L.C., Anchorage, Alaska, for Appellee. ON BRIEF: Lois J. Schiffer, Assistant Attorney General, Robert L. Klarquist, Cherie L. Rogers, United States Department of Justice, Washington, D.C.; Capt. Derek Capizzi, Lt. Michele Bouziane, National Pollution Funds Center, United States Coast Guard, Arlington, Virginia; Lcdr. Peter Simons, Office of Claims & Litigation, United States Coast Guard, Washington, D.C., for Appellants. William M. Walker, Walker, Walker, Wendlandt & Osowski, L.L.C., Anchorage, Alaska, for Appellee.

Before NIEMEYER and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Vacated and remanded by published opinion. Senior Judge BUTZNER wrote the majority opinion, in which Judge DIANA GRIBBON MOTZ joined. Judge NIEMEYER wrote an opinion concurring in part and dissenting in part.

OPINION

BUTZNER, Senior Circuit Judge:

The United States Coast Guard National Pollution Funds Center (NPFC or Fund Director) determined that some claims made by Gatlin Oil Company, Inc., for an oil spill were not compensable under the Oil Pollution...

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