United States v. Lebeouf Brothers Towing Co., Etc.

THORNBERRY, Circuit Judge:

In this appeal from judgment against the Government in its suit to recover clean-up costs under 33 U.S.C. § 1321 (1976) for an oil spill from appellee’s tanker barge, we must interpret the clause in section 1321(f)(1) that establishes a third-party defense for the owners of the discharging vessel. Because we conclude that the tugboat hired by the appellees in this case does not constitute a “third party” under section 1321(f)(1), we reverse the judgment and remand the case to the court below.

I. Facts.

The parties stipulated the facts as follows. LeBeouf is in the…