UNITED STATES v. KENNECOTT COPPER CORP.

No. 74-3401.

523 F.2d 821 (1975)

UNITED STATES of America, Appellee, v. KENNECOTT COPPER CORPORATION, Appellant.

United States Court of Appeals, Ninth Circuit.

September 24, 1975.


Attorney(s) appearing for the Case

Philip E. Von Ammon (argued), of Fennemore, Craig, Von Ammon & Udall, Phoenix, Ariz., for appellant.

John F. Flynn, Asst. U. S. Atty. (argued), Phoenix, Ariz., for appellee.

Before TUTTLE, HUFSTEDLER and WRIGHT, Circuit Judges.


OPINION

HUFSTEDLER, Circuit Judge:

Kennecott Copper Corporation ("Kennecott") appeals from its conviction for violating 33 U.S.C. § 1321(b)(5) (failure immediately to notify an appropriate governmental agency of known oil spill). Kennecott challenges the constitutionality of the statute on due process grounds, argues that the evidence was insufficient to sustain the conviction, and asserts prejudicial error in claimed prosecutorial misconduct. We reject...

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