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UNITED STATES v. DEL MONTE DE PUERTO RICO, INC.

No. 78-1067.

586 F.2d 870 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. DEL MONTE DE PUERTO RICO, INCORPORATED, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided November 15, 1978.

Attorney(s) appearing for the Case

Allan J. Topol, Washington, D.C., with whom Covington & Burling, Washington, D.C., Peter B. Ellis, Foley, Hoag & Eliot, Boston, Mass., Charles P. Adams, and Brown, Newsom & Cordova, San Juan, P.R., were on brief, for appellant.

Richard G. Tisch, Atty., Environmental Protection Agency, with whom Julio Morales Sanchez, U. S. Atty., San Juan, P.R., James W. Moorman, Asst. Atty. Gen., Robert L. Klarquist and Charles E. Biblowit, Attys., Dept. of Justice, Washington, D.C., were on brief, for appellee.

Before KUNZIG, Judge, U.S. Court of Claims, CAMPBELL and BOWNES, Circuit Judges.

KUNZIG, Judge.

This case involves a suit against defendant-appellant Del Monte De Puerto Rico, Incorporated (Del Monte) for alleged violations of certain terms and conditions of a NPDES permit.1 The United States District Court for the District of Puerto Rico, Judge Hernan G. Pesquera, granted the summary judgment motion of the United States (plaintiff-appellee) as to liability and then, after a hearing, ordered a fine of $125,000. Because...

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