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U.S. v. NATURE'S WAY MARINE, L.L.C.

No. 17-60698.

904 F.3d 416 (2018)

UNITED STATES of America, Plaintiff-Counter Defendant-Appellee, v. NATURE'S WAY MARINE, L.L.C., Defendant-Appellant, Environmental Pollution Group, L.L.C., Counter Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

Filed September 21, 2018.

Attorney(s) appearing for the Case

Jennifer Utrecht , Matthew Miles Collette , U.S. Department of Justice, Civil Division, Appellate Section, Washington, DC, for Plaintiff-Counter Defendant-Appellee.

Jefferson Randolph Tillery, Esq. , Madeleine M. Fischer , Heather Lindsey Kirk , Jones Walker, L.L.P., New Orleans, LA, Stephanie Bentley McLarty , Jones Walker, L.L.P., Jackson, MS, for Defendant-Appellant and Counter Claimant-Appellant.

Before KING, ELROD, and HAYNES, Circuit Judges.

This appeal presents us with a question of statutory interpretation. Specifically, we must determine whether the district court was correct in its summary judgment determination that Nature's Way, as the owner of a tugboat, was also "operating" an oil barge that the tugboat was moving at the time of a collision...

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