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U.S. v. AMERICAN COMMERCIAL LINES, L.L.C.

No. 13-30358.

759 F.3d 420 (2014)

UNITED STATES of America, Plaintiff-Counter Defendant-Appellee v. AMERICAN COMMERCIAL LINES, L.L.C., Defendant-Counter Claimant-Third Party Plaintiff-Appellant v. Environmental Safety & Health Consulting Services, Incorporated; United States Environmental Services, L.L.C., Third Party Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 16, 2014.

Attorney(s) appearing for the Case

Anne M. Murphy , Trial Attorney, Matthew Miles Collette , U.S. Department of Justice, Washington, DC, for Plaintiff-Counter Defendant-Appellee.

Glenn G. Goodier , Richard David Bertram, Esq. , Jones Walker LLP, New Orleans, LA, John A.V. Nicoletti, Esq. , Terry Lee Stoltz, Esq. , Richard W. Stone, II , Nicoletti, Hornig & Sweeney, New York, NY, for Defendant-Counter Claimant-Third Party Plaintiff-Appellant.

Edwin Christian Laizer , James Ted Rogers, III, Esq. , Margot L.K. Want, Esq. , Adams & Reese, L.L.P., New Orleans, LA, Lawrence I. Kiern, Esq. , Winston & Strawn, L.L.P., Washington, DC, William Sean O'Neil, Esq. , Houston, TX, William E. O'Neil , Metairie, LA, for Third Party Defendants-Appellees.

Before JOLLY, GARZA, and HIGGINSON, Circuit Judges.

HIGGINSON, Circuit Judge:

Following an oil spill, responsible party American Commercial Lines ("ACL") contracted with Environmental Safety & Health Consulting Services Inc. ("ES & H") and United States Environmental Services, L.L.C ("USES") to provide cleanup services. After ACL failed to pay the full outstanding amounts owed to ES & H and USES within the 90-day period mandated by the Oil Pollution Act of 1990 ("OPA"), the United States paid the balance...

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