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UNITED STATES v. REPUBLIC STEEL CORPORATION

No. 73-1768.

491 F.2d 315 (1974)

UNITED STATES of America, Appellant, v. REPUBLIC STEEL CORPORATION, Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 23, 1974.

Attorney(s) appearing for the Case

Carl Strass, Dept. of Justice, for appellant; Wallace H. Johnson, Asst. Atty. Gen., Frederick M. Coleman, U. S. Atty., Joseph A. Cipollone, Asst. U. S. Atty., Cleveland, Ohio, Raymond N. Zagone, Atty. Dept. of Justice, Washington, D.C., on brief.

Dennis M. Kelly, Cleveland, Ohio, for appellee; Victor DeMarco, Jones, Day, Cockley & Reavis, Cleveland, Ohio, on brief; Edward P. Weber, Jr., Asst. Gen., Counsel, Republic Steel Corp., Cleveland, Ohio, of counsel.

Before CELEBREZZE, PECK, and LIVELY, Circuit Judges.

PER CURIAM.

On August 7, 1972 there was a spill and discharge of coal tar into the Mahoning River from a facility owned and operated by Republic Steel Corporation. This was a violation of a provision of the Rivers and Harbors Act of 1899, 33 U.S.C. § 407, which makes it unlawful to discharge any refuse matter of any kind into navigable waters of the United States. Thereafter the United States attorney filed a criminal information against Republic Steel Corporation...

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