UNITED STATES v. BAYCON INDUSTRIES, INC.

No. 84-3002.

744 F.2d 1505 (1984)

UNITED STATES of America, Plaintiff-Appellant, v. BAYCON INDUSTRIES, INC. and William R. Chittenden, Jr., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 26, 1984.


Attorney(s) appearing for the Case

Daniel F. Fromstein, Washington, D.C., for plaintiff-appellant.

Claude H. Tison, Jr., Tampa, Fla., for defendants-appellees.

Before FAY and JOHNSON, Circuit Judges, and YOUNG, District Judge.


JOHNSON, Circuit Judge:

In this criminal prosecution the United States appeals from the dismissal of two counts of a three count information filed under the Rivers and Harbors Act, 33 U.S. C.A. § 401 et seq. The counts that were dismissed charged appellees Baycon Industries, Inc., and Chittenden (then its vice-president) with "creating an obstruction to the navigable capacity" and "alter[ing] and modify[ing]...

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