Legal Opinion

Chicago, Milwaukee, St. Paul & Pacific Railroad v. United States

United States Court of Claims

Decided April 19, 1978No. 269-76PublishedCited by 6 opinions

1Opinion of the CourtKunzig, Judge

*157This is an oil spill recovery case in which plaintiffs seek reimbursement in the amount of ÍIROSS.SS1 for costs they incurred in clean-up and removal of oil discharged into navigable waters of the United States. Plaintiffs, owners of the abandoned meat packing plant where the spill originated, assert that the spill was caused solely by the act of a third party and claim entitlement to recovery under Section 311(i)(1) of the Federal Water Pollution Control Act, 33 U.S.C. § 1321(i)(1) (Supp. V, 1975).2 We agree with the plaintiffs and find that they are entitled to recover.

Plaintiffs, the…

2Cases cited7 opinions

  1. D'Oench, Duhme & Co. v. Federal Deposit InsuranceSupreme Court of the United States · 1942
  2. Clearfield Trust Co. v. United StatesSupreme Court of the United States · 1943
  3. Illinois v. City of MilwaukeeSupreme Court of the United States · 1972
  4. Quarles Petroleum Co. v. United StatesUnited States Court of Claims · 1977
  5. City of PawtucketUnited States Court of Claims · 1976

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3Cited by6 opinions

  1. Reliance Insurance v. United StatesUnited States Court of Claims · 1982
  2. Union Petroleum Corp. v. United StatesUnited States Court of Claims · 1981
  3. Total Petroleum, Inc. v. United StatesUnited States Court of Claims · 1987
  4. Travelers Insurance v. United StatesUnited States Court of Claims · 1983
  5. A/S D/S Svendborg v. United StatesDistrict Court, S.D. New York · 1986

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