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UNITED STATES v. W.B. ENTERPRISES, INC.

No. 73 Civ. 3838-LFM.

378 F.Supp. 420 (1974)

UNITED STATES of America, Plaintiff, v. W. B. ENTERPRISES, INC., Defendant.

United States District Court, S. D. New York.

June 24, 1974.

Attorney(s) appearing for the Case

Paul J. Curran, U. S. Atty., S.D.N. Y., for plaintiff; Gilbert S. Fleischer, Atty. in Charge, Admiralty & Shipping Section, Dept. of Justice, and John C. Lane, New York City, of counsel.

Nathan Berman, Staten Island, N. Y., for defendant; Peter M. Frank, New York City, of counsel.

OPINION

MacMAHON, District Judge.

Plaintiff and defendant cross-move for summary judgment, pursuant to Rule 56, Fed.R.Civ.P., in this action under § 311(b) of the Federal Water Pollution Control Act ["Act"], 33 U.S.C. § 1321(b). The parties have stipulated certain facts in a statement pursuant to Local Rule 9(g), and plaintiff has submitted supporting affidavits, as permitted by Rule 56. We agree with the parties that there is no genuine issue...

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