GINTIS v. BOUCHARD TRANSP. CO., INC.

No. 09-1717.

596 F.3d 64 (2010)

Murray GINTIS, et. al, Plaintiffs, Appellants, v. BOUCHARD TRANSPORTATION COMPANY, INC., et. al, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 23, 2010.


Attorney(s) appearing for the Case

Jason B. Adkins, with whom John Peter Zavez, Noah Rosmarin, and Adkins, Kelston & Zavez, P.C. were on brief, for appellants.

Ronald W. Zdrojeski, with whom Linda L. Morkan, Peter R. Knight, Robinson & Cole, LLP, Austin P. Olney, Robert G. Goulet, Christopher DeMayo, and Dewey & LeBoeuf, LLP were on brief, for appellees.

Before LYNCH, Chief Judge, SOUTER, Associate Justice, and SELYA, Circuit Judge.


SOUTER, Associate Justice.

A fuel barge owned and operated by defendants discharged a substantial amount of oil into the waters of Buzzards Bay in southeastern Massachusetts. Plaintiffs are owners of residential waterfront property on the bay who brought suit as individuals and as members of a proposed class. The district court denied class certification, but because the court did not subject the parties' contentions to the plenary analysis that precedent requires...

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