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UNITED STATES v. VALLEY CAMP COAL COMPANY

No. 72-2211.

480 F.2d 616 (1973)

UNITED STATES of America, Appellee, v. VALLEY CAMP COAL COMPANY, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 25, 1973.

Attorney(s) appearing for the Case

Thomas B. Miller, Wheeling, W. Va. (Schrader, Miller, Stamp & Recht, Wheeling, W. Va., on brief) for appellant.

Larry G. Gutterridge, Atty., U. S. Dept. of Justice (Wallace H. Johnson, Asst. Atty. Gen., John A. Field, III, U. S. Atty., Robert B. King, Asst. U. S. Atty., Carl Strass, Atty., U. S. Dept. of Justice, on brief) for appellee.

Before CRAVEN, BUTZNER, and RUSSELL, Circuit Judges.

PER CURIAM:

Valley Camp Coal Company appeals from a judgment of the district court imposing a fine upon a finding that the defendant, in violation of 33 U.S.C. § 407, did unlawfully "throw, discharge, or deposit, or cause, suffer, or procure to be thrown, discharged, or deposited . . . from the shore," refuse matter, to-wit, black coal waste matter into an unnamed tributary of the Kanawha River, from which such refuse matter was floated and washed into the Kanawha...

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