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UNITED STATES v. DISTLER

No. 79-5339.

671 F.2d 954 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Donald E. DISTLER, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 12, 1981.

Rehearing Denied March 31, 1981.

Attorney(s) appearing for the Case

Frank E. Haddad, Jr., Louisville, Ky., for defendant-appellant.

John L. Smith, U. S. Atty., Michael R. Tilley, Asst. U. S. Atty., Louisville, Ky., Raymond W. Mushal, Pollution Control Section, Dept. of Justice, Washington, D. C., James R. Williams, and David Everett, U. S. Dept. of Justice, Cleveland, Ohio, for plaintiff-appellee.

Before EDWARDS, Chief Circuit Judge, and BROWN and KENNEDY, Circuit Judges.

BAILEY BROWN, Circuit Judge.

Appellant, Donald E. Distler, was convicted after a jury trial in the Western District of Kentucky of two violations of the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.). Criminal penalties are imposed by 33 U.S.C. § 1319, which provides in part:

(c)(1) Any person who willfully or negligently violates section 1311, 1312, 1316, 1317, or 1318 of this title, or any permit condition or limitation...

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