Burgess v. M/V Tamano

370 F.Supp. 247 (1973)

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Nature of the Case

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Facts

This is a class action where Ps seek to recover damages incurred from the discharge of 100,000 gallons of Bunker C oil from the tanker M/V TAMANO early on the morning of July 22, 1972. Three of the plaintiff classes are: the commercial fishermen, the commercial clam diggers, and the owners of motels, trailer parks, campgrounds, restaurants, grocery stores, and similar establishments in Old Orchard Beach, whose businesses are dependent on tourist trade. The defendants are the TAMANO, her owners, her captain, her pilot and the local pilots' association, her charterer, Texaco, Inc., the State of Maine, and the United States of America. Ps have asserted negligence, unseaworthiness, trespass, and nuisance along with other statutory violations. Ds' filed motions to dismiss the claims of three of the plaintiff classes.