United States of America v. Brothers Enterprises Inc et al
| United States of America |
| Brothers Enterprises Inc, CNA Insurance, Tom's Welding, Inc. and Leesboro Corporation |
| 1:2013cv00017 |
| January 11, 2013 |
| US District Court for the Eastern District of Texas |
| Beaumont Office |
| Jefferson |
| Thad Heartfield |
| Environmental Matters |
| 28 U.S.C. ยง 2201 Declaratory Judgement |
| None |
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Filing
145
MEMORANDUM AND ORDER. After considering the conflicting testimony, and remaining mindful of the fact that the court will not weigh the evidence or evaluate its credibility, the court finds that a genuine issue of material fact remains as to whether the Barge constituted "a substantial threat of a discharge" when it was grounded on top of the oil pipelines. Based on the foregoing analysis, both 107 government's and 112 Brother's motions for summary judgment are denied. The government's OPA claims against Brothers and Welding may proceed to trial. Signed by Judge Marcia A. Crone on 6/30/15. (mrp, )
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