United States v. Bear Marine Services
United States Court of Appeals for the Fifth Circuit
696 F.2d 1117 (5th Cir. 1983)
Relevant factsFree
After a tug-barge collision caused an oil spill, the government (plaintiff) sued IMTT and Bear Marine (defendants) for maritime negligence, and IMTT argued the Federal Water Pollution Control Act was the government's exclusive remedy against contributing third parties; the district court disagreed but certified the question for interlocutory appeal under 28 U.S.C. § 1292(b), and while the appeal was pending, a separate Fifth Circuit decision (Big Sam) resolved that exact issue in the government's favor.
IssueFree
Whether, under 28 U.S.C. § 1292(b), a court of appeals may grant interlocutory review if doing so would not materially advance the end of the litigation.