UNITED STATES v. JOHNSON & TOWERS, INC.

No. 83-5745.

741 F.2d 662 (1984)

UNITED STATES of America, Appellant v. JOHNSON & TOWERS, INC., Jack W. Hopkins and Peter Angel.

United States Court of Appeals, Third Circuit.

Decided August 15, 1984.

As Amended August 21, 1984.


Attorney(s) appearing for the Case

Michael Gilberti (argued), Asst. U.S. Atty., W. Hunt Dumont, U.S. Atty., Newark, N.J., for appellant.

Joseph A. Carmen (argued), Haddonfield, N.J., for appellee Peter Angel.

Jeffrey A. Libert (argued), Falciani & Fletcher, Woodbury, N.J., for appellee Jack W. Hopkins.

Before GARTH and SLOVITER, Circuit Judges, and NEAHER, District Judge.


OPINION OF THE COURT

SLOVITER, Circuit Judge.

Before us is the government's appeal from the dismissal of three counts of an indictment charging unlawful disposal of hazardous wastes under the Resource Conservation and Recovery Act. In a question of first impression regarding the statutory definition of "person," the district court concluded that the Act's criminal penalty provision imposing fines and imprisonment could not apply to the individual defendants...

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