IN RE: PETITION OF FRESCATI SHIPPING COMPANY, LTD., AS OWNER OF THE M/T ATHOS I and TSAKOS SHIPPING & TRADING, S.A., AS MANAGER OF THE ATHOS I FOR EXONERATION FROM OR LIMITATION OF LIABILITY (E.D. Pa. No. 2-05-cv-00305);UNITED STATES OF AMERICA v. CITGO ASPHALT REFINING COMPANY; CITGO PETROLEUM CORPORATION; CITGO EAST COAST CORPORATION (E.D. Pa. No. 2-08-cv-02898), CITGO Asphalt Refining Company; CITGO Petroleum Corporation; CITGO East Coast Oil Corporation, Appellants in Nos. 16-3470; 16-3552, Frescati Shipping Company, Ltd.; Tsakos Shipping and Trading, S.A., Appellants in No. 16-3867, United States of America, Appellant in No. 16-3868, 886 F.3d 291
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HOLDINGS: [1]-The record contained sufficient evidence to support the finding that the anchor was, in fact, flukes-up at the time of the allision; [2]-The district court did not base its finding of a 36' 7" draft on the flukes-up anchor alone; [3]-The owner did not violate 33 C.F.R. §§ 157.455 or 164.11; [4]-Since the shipping customer was liable to the owner in contract, it was also liable to the United States for the amount the Oil Spill Liability Trust Fund had reimbursed the owner; [5]-The United States was entitled to a full recovery; [6]-The customer could not assert defenses against the United States' subrogated claims which it could have asserted against the owner; [7]-The customer's equitable recoupment defense failed; [8]-The customer waived a limitation of liability defense under the Oil Pollution Act; [9]-The district court did not err in its prejudgment interest calculation.