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MARINA BAY REALTY TRUST LLC v. U.S.

No. 04-1909.

407 F.3d 418 (2005)

MARINA BAY REALTY TRUST LLC; Neponset Circle Skilled Nursing and Rehabilitation Center II, Inc.; Gordon Development Group, Inc., Plaintiffs, Appellants, v. UNITED STATES of America; U.S. Dept. of Defense; U.S. Department of The Navy, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided May 3, 2005.

Attorney(s) appearing for the Case

William A. DeVasher, Jr., with whom Michael B. Cosentino, Molly Cochran, and Seegel, Lipshutz & Wilchins, P.C., were on brief, for appellants.

David C. Shilton, Attorney, Appellate Section, with whom Thomas L. Sansonetti, Assistant Attorney General, Andrew Doyle, Attorney, Environmental Defense Section, and John Stahr, Attorney, Appellate Section, U.S. Department of Justice, Environment & Natural Resources Division, were on brief, for appellees.

Theodore L. Hunt, Attorney, with whom Peter D. Keisler, Assistant Attorney General, J. Patrick Glynn, Director, Joann J. Bordeaux, Deputy Director, David S. Fishback, Assistant Director, and Henry T. Miller, Senior Trial Counsel, U.S. Department of Justice, Civil Division, Torts Branch, Environmental Torts Section, were on brief, for appellees.

Before LIPEZ, Circuit Judge, STAHL, Senior Circuit Judge, and OBERDORFER, Senior District Judge.

STAHL, Senior Circuit Judge.

This case asks us to decide whether the United States has waived its sovereign immunity for a suit by a private owner to recover monetary damages for its cleanup of past oil contamination on property that was formerly a United States Navy base. Finding that the United States has not waived its sovereign immunity, we affirm.

I. BACKGROUND

In 1917, the Defendant-Appellee United States1 acquired...

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