MILLER v. UNITED STATES

No. 71-1370.

455 F.2d 833 (1971)

Arnold MILLER et al., Appellants, v. UNITED STATES of America Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 15, 1971.


Attorney(s) appearing for the Case

John L. Boettner, Jr., Charleston, W. Va. (Ray E. Ratliff, Jr., Charleston, W. Va., on brief), for appellants.

Wayne A. Rick, Jr., Asst. U. S. Atty. (M. Warren Upton, U. S. Atty., on brief), for appellee.

Before WINTER and BUTZNER, Circuit Judges, and DUPREE, District Judge.


WINTER, Circuit Judge:

Claimants, along with others, reported to the U. S. Army Corps of Engineers, Huntington, West Virginia District, that The Chesapeake and Ohio Railway Company illegally discharged, or permitted to seep, into the Kanawha River quantities of diesel fuel and other wastes. Subsequently, the railroad was prosecuted and on its plea of nolo contendere fined $500.00. At the trial, in the absence of claimants, the district court ruled that no part of...

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