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UNITED STATES v. ROHM & HAAS COMPANY

No. 73-1727.

500 F.2d 167 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. ROHM & HAAS COMPANY and Rohm & Haas of Texas, Incorporated, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 30, 1974.

Attorney(s) appearing for the Case

B. D. McKinney, Larry B. Feldcamp, Houston, Tex., for defendants-appellants.

Anthony J. P. Farris, U. S. Atty., Steve Rice, James R. Gough, Asst. U. S. Attys., Houston, Tex., John L. Hills, Atty., Kent Frizzell, Asst. Atty. Gen., Carl Strass, Robert L. Klarquist, Attys., Dept. of Justice, Washington, D. C., Jack Shepherd, Chief Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

Before TUTTLE, GEWIN and RONEY, Circuit Judges.

RONEY, Circuit Judge:

This is a continuous discharge pollution case filed by the Government under the 1899 Refuse Act against Rohm and Haas Company, which has a large chemical manufacturing plant with a single outfall through which its treated waste water goes into the Houston Ship Channel. The District Court entered an injunctive order which set certain limitations upon the discharge by the Company of various pollutants, such as ammonia, chemical oxygen demand, cyanide...

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