Union Oil Co. v. Oppen,

501 F.2d 558 (1974)

Facts

Oppen (P) were commercial fishermen. They sued Union Oil Co. (D) for negligence for economic losses suffered when the oil pollution caused by D killed the fish upon which their commercial livelihood depended. The district court denied D a partial summary judgment. The court also refused to strike from P's cause of action the demand for compensation for 'ecological damage,' which included their lost commercial profits.