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United States v. Hollywood Marine, Inc.

ELR Citation: 10 ELR 20718
Nos. No. 80-1647, 625 F.2d 524/14 ERC 2200/(5th Cir., 08/25/1980) Rev'd

The Fifth Circuit Court of Appeals holds that under §311 of the Federal Water Pollution Control Act, a tug will not be considered a "third party" in order to allow the owner of a discharging vessel to avoid liability for an oil spill occurring while the vessel is in the tow of the tug. Since United States v. Le Beouf Bros. Towing Co., 10 ELR 20548, reversed a contrary district court opinion that was relied upon by the lower court in the instant case, the United States is entitled to summary reversal of the lower court's judgment, 10 ELR 20569, disallowing any recovery of cleanup costs of an oil spill from appellee's barge.

Counsel are listed at 10 ELR 20569.

Before BROWN, POLITZ, and TATE, Circuit Judges.