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IN RE NEEDHAM

No. 02-30217.

354 F.3d 340 (2003)

In the Matter of: James Hamilton NEEDHAM; Janell Renae Cole Needham, Debtors. United States of America, et al., Appellants, v. James Hamilton Needham, et al., Appellees. In the Matter of: James Hamilton Needham; Janell Renae Cole Needham, Debtors. D&C Operating Inc. Appellants, v. James Hamilton Needham; Janell Renae Cole Needham, Appellees.

United States Court of Appeals, Fifth Circuit.

December 16, 2003.

Attorney(s) appearing for the Case

Guy Earl Wall (argued), Wall & Bullington, New Orleans, LA, for D&C Operating Inc.

Charles Michael Pisano (argued), James Monroe White, III, Barkley & Thompson, New Orleans, LA, for James and Janell Needham.

Stanley A. Millan (argued), Tara G. Richard, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, LA, for St. Tammany Parish Drainage and Tammany Holding Corp., Amici Curiae.

Virginia Swisshelm Albrecht (argued), Hunton & Williams, Stephen Michael Nickelsburg, Sidley, Austin, Brown & Wood, Washington, DC, for Nat. Ass'n of Home Builders, Nat. Ass'n of Realtors, Nat. Ass'n of Indus. and Office Properties, Nat. Multi Housing Council, Nat. Apartment Ass'n, Real Estate Roundtable, Building Industry Legal Defense Found., Foundation for Environmental and Economic Progress and Intern. Council of Shopping Centers, Amici Curiae.

Before REAVLEY, JOLLY and JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

This case arises from the efforts of the United States Coast Guard to compel James and Janell Needham ("Needhams") to reimburse the United States, under the Oil Pollution Act ("OPA"), 33 U.S.C. §§ 2701-2720 (2000), for cleanup costs associated with an oil spill. The bankruptcy court, in the first instance, and the district court on appeal, held that the Needhams were not liable to the United States for the cleanup costs because...

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