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UNITED STATES v. PENNSYLVANIA INDUSTRIAL CHEMICAL CORP.

No. 71-1840.

461 F.2d 468 (1972)

UNITED STATES of America v. PENNSYLVANIA INDUSTRIAL CHEMICAL CORPORATION, a Corporation, Appellant.

United States Court of Appeals, Third Circuit.

Decided May 30, 1972.

Attorney(s) appearing for the Case

Harold Gondelman, Baskin, Boreman, Sacks, Gondelman & Craig, Pittsburgh, Pa., for appellant.

Richard L. Thornburgh, U. S. Atty., Pittsburgh, Pa., for appellee.

David McNeil Olds, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for amici curiae, U. S. Steel Corp. and Wheeling-Pittsburgh Steel Corp.

Judd N. Poffinberger, Jr., Kirkpatrick, Lockhart, Johnson & Hutchison, Pittsburgh, Pa., for amicus curiae, Jones and Laughlin Steel Corp.

Before ADAMS, and ROSEN, Circuit Judges and STAPLETON, District Judge.

OPINION OF THE COURT

ADAMS, Circuit Judge.

The issues in this appeal center on the parameters of the Rivers and Harbors Act of 1899 with regard to discharges from an industrial plant into the Monongahela River,1 whether in the circumstances of this case a crime has been committed within the terms of the Act, and whether, if the Act applies, the conviction in this case comports with due process considerations.

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