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UNITED STATES v. TEXAS PIPE LINE CO.

No. 78-1398.

611 F.2d 345 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. The TEXAS PIPE LINE COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided December 21, 1979.

Rehearing Denied January 10, 1980.

Attorney(s) appearing for the Case

Jack M. Short, Tulsa, Okl., for defendant-appellant.

John R. Osgood, Asst. U. S. Atty., Muskogee, Okl. (Julian K. Fite, U. S. Atty., Muskogee, Okl., with him on the brief), for plaintiff-appellee.

Before BARRETT, McKAY and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

This is an appeal from summary judgment in favor of the United States in its action against The Texas Pipe Line Company (the Company) to collect a $2,500 civil penalty assessed by the United States Coast Guard under the Federal Water Pollution Control Act (FWPCA or the Act), 33 U.S.C. § 1251, et seq. The issues on appeal are whether the discharge of oil involved was into "navigable waters" within the meaning of the FWPCA, and if so...

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