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UNITED STATES v. HEALY TIBBITTS CONST. CO.

No. 82-4568.

713 F.2d 1469 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. HEALY TIBBITTS CONSTRUCTION COMPANY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 26, 1983.

Attorney(s) appearing for the Case

John E. Droeger, Hall, Henry, Oliver & McReavy, San Francisco, Cal., for defendant-appellant.

Arthur E. Gowran, Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before KILKENNY, SCHROEDER, and BOOCHEVER, Circuit Judges.

SCHROEDER, Circuit Judge.

We are concerned here with an application of the civil penalty provisions of the Federal Water Pollution Control Act. A $3,000 civil penalty was assessed under that Act against the Healy Tibbitts Company, based upon the Coast Guard's findings that its vessel had discharged oil into navigable waters. The United States sued to collect the fine and the district court granted summary judgment in its favor, holding that the Coast Guard's findings...

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