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UNITED STATES v. FREZZO BROS., INC.

Nos. 78-2670 to 78-2675.

602 F.2d 1123 (1979)

UNITED STATES of America, Appellee, v. FREZZO BROTHERS, INC., Guido Frezzo, and James L. Frezzo, Appellants.

United States Court of Appeals, Third Circuit.

Decided July 13, 1979.

Rehearing Denied October 22, 1979.

Attorney(s) appearing for the Case

William J. Gallagher (argued), Randy L. Sebastian, MacElree, Harvey, Gallagher & Kean, Ltd., West Chester, Pa., for appellants.

Peter F. Vaira, U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Chief, App. Div., Bruce J. Chasan (argued), Asst. U.S. Atty., Philadelphia, Pa., for appellee.

Before ADAMS and ROSENN, Circuit Judges, and LACEY, District Judge.

OPINION OF THE COURT

ROSENN, Circuit Judge.

Since the enactment in 1948 of the Federal Water Pollution Control Act, 62 Stat. 1155 ("the Act"), the Government has, until recent years, generally enforced its provisions to control water pollution through the application of civil restraints.1 In this case, however, the Government in the first instance has sought enforcement of the Act as amended in 1972, 33 U.S.C.A. §§...

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