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UNITED STATES v. KENNEBEC LOG DRIVING COMPANY

No. 73-1163.

491 F.2d 562 (1973)

UNITED STATES of America, Appellant, v. KENNEBEC LOG DRIVING COMPANY et al., Appellees.

United States Court of Appeals, First Circuit.

Decided November 30, 1973.

As Amended December 19, 1973.

Attorney(s) appearing for the Case

Walter Kiechel, Jr., Deputy Asst. Atty. Gen., with whom Wallace H. Johnson, Asst. Atty. Gen., Peter Mills, U. S. Atty., Raymond N. Zagone, Thomas C. Lee, and Carl Strass, Attys., Dept. of Justice, were on brief, for appellant.

Roberts B. Owen, Washington, D. C., with whom William D. Iverson, Covington & Burling, Washington, D. C., Vincent L. McKusick, Daniel E. Boxer, Pierce, Atwood, Scribner, Allen & McKusick, Loyall F. Sewall, Verrill, Dana, Philbrick, Putnam & Williamson, Portland, Maine, Norman M. Heisman, and Ellis A. Horwitz, Philadelphia, Pa., were on brief, for appellees.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

COFFIN, Chief Judge.

Defendant Kennebec Log Driving Company is in the business of driving pulp logs down the Kennebec River to paper mills downstream. Defendants Scott Paper Company and Hudson Pulp and Paper Corporation have in the past engaged Kennebec Log Driving Company to perform this service for them, although at the present time only Scott Paper Company continues to do so.1 The United States claims that this activity violates two...

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