Legal Opinion

United States v. C & R TRUCKING CO.

District Court, N.D. West Virginia

Decided April 28, 1982No. Civ. A. 81-0071-P(H)PublishedCited by 16 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

HADEN, District Judge.

The Government instituted this action on November 27, 1981, seeking to assess a civil penalty against the Defendant under the Clean Water Act 1 and to recover the costs which it incurred in removing a quantity of oil from a tributary of the Ohio River which was allegedly discharged from the Defendant’s truck on or about February 19, 1977. 2 The Defendant moves this Court to dismiss this action for the reason that it is barred by the three year limitation on the commencement of an action by the Government to recover on a tort claim. 3 The…

2Cases cited4 opinions

  1. United States v. Samuel Neidorf and Maria Glickman, of the Estate of Mannes n.glickmanCourt of Appeals for the Ninth Circuit · 1975
  2. United States v. Lee A. Limbs, Jr.Court of Appeals for the Ninth Circuit · 1975
  3. Banco Nacional De Cuba v. Chase Manhattan BankDistrict Court, S.D. New York · 1980
  4. United States v. Eureka Pipeline CompanyDistrict Court, N.D. West Virginia · 1975

3Cited by16 opinions

  1. United States v. MottoloDistrict Court, D. New Hampshire · 1985
  2. United States v. Robert E. MeyerCourt of Appeals for the First Circuit · 1987
  3. Chesapeake Bay Foundation v. Bethlehem Steel Corp.District Court, D. Maryland · 1985
  4. R.A. Caldwell v. Gurley Refining CompanyCourt of Appeals for the Eighth Circuit · 1985
  5. United States v. Core Laboratories, Inc.Court of Appeals for the Fifth Circuit · 1985

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