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UNITED STATES v. TEX-TOW, INC.

No. 78-1656.

589 F.2d 1310 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. TEX-TOW, INC., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 22, 1978.

Attorney(s) appearing for the Case

Larry D. King, Houston, Tex., for defendant-appellant.

Robert L. Simpkins, Asst. U. S. Atty., East St. Louis, Ill., for plaintiff-appellee.

Before CASTLE, Senior Circuit Judge, and BAUER and WOOD, Circuit Judges.

CASTLE, Senior Circuit Judge.

Tex-Tow, Inc. appeals from the district court's enforcement by way of summary judgment of a $350 civil penalty assessed by the United States Coast Guard against Tex-Tow under section 1321(b)(6) of the Federal Water Pollution Control Act (FWPCA)1 for a discharge of oil into navigable waters in violation of section 1321(b)(3) of the Act. In this case, as in United States v. Marathon Pipe Line Company,

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