United States v. Delian Cruises, SA

MEMORANDUM OPINION AND ORDER

EDWARD J. BOYLE, Sr., District Judge:

This matter came before the court upon the motion of plaintiff for partial summary judgment. We took the matter under submission on the memoranda, including supplemental memoranda concerning the applicability to this case of the Supreme Court’s holding in United States v. Raddatz, 447 U.S. 667, 100 S.Ct. 2406, 65 L.Ed.2d 424 (1980). 1 We have now determined that the motion for partial summary judgment must be denied for the following reasons.

Plaintiff filed this action pursuant to 33 U.S.C. § 1321(b)(6) to recover a $5,000 civil…