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IRONSHORE SPECIALTY INS. CO. v. U.S.

No. 16-1589.

871 F.3d 131 (2017)

IRONSHORE SPECIALTY INSURANCE COMPANY, in its own right and as subrogee of Northeast Ship Repair, Inc., Plaintiff, Appellant, v. UNITED STATES of America; American Overseas Marine Company, LLC, Defendants, Appellees, General Dynamics America Overseas Marine Corporation, Defendant.

United States Court of Appeals, First Circuit.

September 15, 2017.

Attorney(s) appearing for the Case

George M. Chalos , with whom Chalos & Co, P.C., Oyster Bay, NY, was on brief, for appellant.

Anne Murphy , Attorney, Civil Division, U.S. Department of Justice, with whom Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Carmen Milargros Ortiz , United States Attorney, and Matthew M. Collette , Attorney, Civil Division, U.S. Department of Justice, was on brief, for appellee United States of America.

Thomas J. Muzyka , with whom Olaf Aprans and Clinton & Muzyka, P.C., Boston, MA, were on brief, for appellee American Overseas Marine Corporation.

Before Barron, Stahl, and Lipez, Circuit Judges.

This appeal arises out of an incident on the South Boston Waterfront, where a large military transport vessel, the FISHER, unexpectedly spilled over 11,000 gallons of fuel next to Boston Harbor. Ironshore Specialty Insurance Company ("Ironshore"), the entity that paid the cleanup costs...

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