Legal Opinion

Barbar Lines A/S v. M/V Donau Maru

District Court, D. Massachusetts

Decided September 12, 1984No. Civ. A. 83-3015-ZPublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OF DECISION

ZOBEL, District Judge.

This is an action in admiralty by the ship Tamara, her owner, and charterer seeking recovery from defendants for expenses allegedly incurred because an oil spill from defendant vessel prevented the Tamara from docking at its regular berth. 1 Defendants have moved for judgment on the pleadings, dismissing the complaint in accordance with Fed.R.Civ.P. 12(c). 2 They argue that plaintiffs’ allegations, even if accepted as true, fail to state any cause of action because the interests harmed are not legally protectible and the harm in any event was too…

2Cases cited11 opinions

  1. Hospital Building Co. v. Trustees of Rex HospitalSupreme Court of the United States · 1976
  2. Robins Dry Dock & Repair Co. v. FlintSupreme Court of the United States · 1927
  3. Union Oil Company v. James J. Oppen and John J. MastersonCourt of Appeals for the Ninth Circuit · 1974
  4. Kinsman Transit Company v. City of BuffaloCourt of Appeals for the Second Circuit · 1968
  5. Dick Meyers Towing Service, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1978

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3Cited by1 opinion

  1. Turbosound, Inc. v. Eastern Acoustic Works, Inc.District Court, D. Massachusetts · 1987

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