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UNITED STATES v. MACKIN CONSTRUCTION COMPANY

Crim. No. 74-17-G.

388 F.Supp. 478 (1975)

The UNITED STATES v. MACKIN CONSTRUCTION COMPANY, INC.

United States District Court, D. Massachusetts.

As Amended February 18, 1975.

Attorney(s) appearing for the Case

Benjamin Jones, Catherine L. Farrell, Boston, Mass., for U. S.

Francis J. Lawler, Peabody, Brown, Rowley & Storey, Boston, Mass., for defendant.

OPINION

ALDRICH, Senior Circuit Judge.*

Mackin Construction Co. was charged in an information in two counts, Count 1 alleging that defendant, being "in charge of onshore facilities within the meaning of 33 U.S.C. § 1321(a)(10), i. e., a tank truck operated for the purpose of delivery of fuel oil and an underground oil storage tank, did fail to notify the appropriate agency of the United States Government of a discharge of...

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