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UNITED STATES v. WHITE FUEL CORPORATION

No. 73-1397.

498 F.2d 619 (1974)

UNITED STATES of America, Plaintiff, Appellee, v. WHITE FUEL CORPORATION, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 13, 1974.

Attorney(s) appearing for the Case

David A. Luttinger, New York City, with whom David M. Roseman, H. Theodore Cohen, and Tyler & Reynolds, Boston, Mass., were on brief, for appellant.

Alan R. Hoffman, Asst. U. S. Atty., Boston, Mass., on brief, for appellee.

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

LEVIN H. CAMPBELL, Circuit Judge.

White Fuel Corporation was convicted after a jury-waived trial of violating Section 13 of the Rivers and Harbors Act of 1899, 33 U.S.C. § 407 [the Refuse Act].1 White Fuel operates a tank farm abutting a small cove off the Reserved Channel, part of Boston harbor. Both the cove and the channel are navigable waters of the United States. On May 3, 1972, the Coast Guard found oil in the

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