UNITED STATES v. KENNEBEC LOG DRIVING CO.

No. 75-1357.

530 F.2d 446 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. KENNEBEC LOG DRIVING COMPANY et al., Defendants-Appellants.

United States Court of Appeals, First Circuit.

Decided February 18, 1976.


Attorney(s) appearing for the Case

Roberts B. Owen, Washington, D.C., with whom William D. Iverson, Covington & Burling, Washington, D.C., Vincent L. McKusick, Daniel E. Boxer, Pierce, Atwood, Scribner, Allen & McKusick, John W. Philbrick, Verrill, Dana, Philbrick, Putnam & Williamson, Portland, Me., Norman M. Heisman and Ellis A. Horwitz, Philadelphia, Pa., were on brief for defendants-appellants.

Walter Kiechel, Jr., Acting Asst. Atty. Gen., Washington, D.C., with whom Peter Mills, U.S. Atty., Portland, Me., Edmund B. Clark, and Carl Strass, Attys. Dept. of Justice, Washington, D.C., were on brief, for plaintiff-appellee.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.


COFFIN, Chief Judge.

In 1971, the United States filed a suit against the Kennebec Log Driving Company, a Maine chartered membership corporation which has conducted annual log drives on the upper Kennebec River since 1835, and against its only present members, co-defendants Scott Paper Company and Hudson Pulp and Paper Corporation (collectively, KLD). The action was grounded on Sections 10 and 13 of the Rivers and Harbors Act of 1899, 33 U.S.C. §§ 403, 407...

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