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UNITED STATES v. IRA S. BUSHEY & SONS, INC.

Civ. A. No. 6380.

346 F.Supp. 145 (1972)

UNITED STATES of America v. IRA S. BUSHEY & SONS, INC., TANKER HYGRADE NO. 8 INC., et al.

United States District Court, D. Vermont.

July 27, 1972.

Attorney(s) appearing for the Case

George W. F. Cook, U. S. Atty., and David A. Gibson, Asst. U. S. Atty., Rutland, Vt., for plaintiff.

John D. Carbine and John J. Zawistoski, Ryan, Smith & Carbine, Rutland, Vt., and Christopher E. Heckman, McHugh, Heckman, Smith & Leonard, New York City, for defendants Ira S. Bushey & Sons, Inc., Spentonbush Transport Service, Inc., and Tanker Hygrade No. 8 Inc.

Donald E. O'Brien, Burlington, Vt., for defendants Northern Oil Co., Inc., and Northern Terminals, Inc.

OPINION AND ORDER

OAKES, Circuit Judge.

The Government's complaint alleges that the corporate defendants have violated the Refuse Act, 33 U.S.C. § 407, in seven instances since 1967. These violations are said to have occurred in the course of defendants' business of transporting petroleum products across Lake Champlain to Vermont waters and shores.1 The action is civil in nature,

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