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UNITED STATES v. M.C.C. OF FLORIDA, INC.

No. 84-5738.

772 F.2d 1501 (1985)

UNITED STATES of America, Plaintiff-Appellee, Cross-Appellant, and State of Florida, Department of Environmental Regulations, Plaintiff-Intervenor, v. M.C.C. OF FLORIDA, INC., Michael's Construction Company, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied November 13, 1985.

Attorney(s) appearing for the Case

Thomas A. Harris, Milligan, Hooper, Harris & Barry, Chattanooga, Tenn., for defendants-appellants, cross-appellees.

Michael J. Mitchell, Asst. U.S. Atty., Paul R. Ezatoff, Jr., Asst. Atty. Gen., Dept. of Environmental Regulation, Tallahassee, Fla., Maria A. Iizuka, David C. Shilton, Dept. of Justice, Land & Natural Resources Div., Washington, D.C., for plaintiff-appellee, cross-appellant.

Appeals from the United States District Court for the Southern District of Florida.

Before HENDERSON and CLARK, Circuit Judges, and HOFFMAN, District Judge.

Rehearing and Rehearing En Banc Denied November 13, 1985.

WALTER E. HOFFMAN, District Judge:

The United States for the Corps of Engineers brought a civil action against M.C.C. of Florida, Inc. and Michael Construction Co.1 for violating the River and Harbor Act of 1899, 33 U.S.C. § 401 et seq., and the Clean Water Act, 33 U.S.C. § 1251 et seq. The State of Florida, Department of Environmental Regulation...

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