BUFFALO MARINE SERVICES INC. v. U.S.

No. 10-41108.

663 F.3d 750 (2011)

BUFFALO MARINE SERVICES INCORPORATED; Limit (No. 2) Limited; New York Marine & General Insurance Company, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 22, 2011.


Attorney(s) appearing for the Case

George M. Chalos (argued), Chalos & Company, P.C., Oyster Bay, NY, for Plaintiffs-Appellants.

Sarah Susan Keast , Trial Atty. (argued), U.S. Dept. of Justice, Washington, DC, for Defendant-Appellee.

Before JONES, Chief Judge, and HIGGINBOTHAM and SOUTHWICK, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

This appeal arises out of an oil spill on the Neches River. Appellants challenge the National Pollution Funds Center's final claim determination denying reimbursement for costs arising from the spill. The district court rejected appellants' challenge to the agency's claim determination. We affirm.

I.

In August 2004, a barge and a tug owned by appellant Buffalo Marine Services, Inc. ("Buffalo Marine") attempted...

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