Minneapolis Park and Recreation Board v. United States

No. 35-79 (Ct. Cl. June 18, 1982)

The Court of Claims affirms the Trial Division's ruling, 13 ELR 20029, that the Minneapolis Park and Recreation Board cannot recover, pursuant to § 311(i)(1)(D) of the Federal Water Pollution Control Act, costs incurred in cleaning up an oil spill partially caused by vandalism.

Counsel are listed at 13 ELR 20029.

Before Davis, Nichols and Smith, JJ.

[13 ELR 20033]

Per curiam:

Order

This case comes before the court on defendant's motion, filed June 9, 1982, requesting that the court adopt as the basis for its judgment in this case the recommended decision of Trial Judge Robert J. Yock, filed April 29, 1982 [13 ELR 20029], pursuant to Rule 134(h), since plaintiff has filed no notice of intention to except and the time for so filing under the rules of this court has expired. Upon consideration thereof, since the court agrees with the recommended decision, copies of which have been furnished to the parties, it hereby grants defendant's motion and adopts the trial judge's decision as the basis for its judgment in this case. Accordingly, plaintiff is not entitled to recover and the petition is dismissed.