UNITED STATES v. MT. VERNON MEMORIAL ESTATES, INC.

No. 83-1694.

734 F.2d 1230 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. MT. VERNON MEMORIAL ESTATES, INC. and John Sexton Sand & Gravel Corp., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided May 16, 1984.

As Amended May 31, 1984.

Rehearing Denied June 6, 1984.


Attorney(s) appearing for the Case

Russell J. Topper, Chicago, Ill., for defendants-appellants.

Gail C. Ginsberg, Asst. U.S. Atty., Dan K. Webb, U.S. Atty., Chicago, Ill., Kay L. Richman, Land & Natural Resources Div., Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before ESCHBACH, POSNER, and FLAUM, Circuit Judges.


ESCHBACH, Circuit Judge.

The procedural history of this protractive yet intermittent litigation dates to September 27, 1976, when the United States filed a complaint for injunctive relief against Mt. Vernon Memorial Estates, Inc. and John Sexton Sand and Gravel Corporation ("the companies"), alleging that they had disposed of dredged or fill material in navigable waters at the Smitty Road landfill in Cook County, Illinois, without obtaining the required permit from...

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