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UNITED STATES v. TULL

No. 84-1766.

769 F.2d 182 (1985)

UNITED STATES of America, Appellee, v. Edward Lunn TULL, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 30, 1985.

Attorney(s) appearing for the Case

Richard R. Nageotte, Woodbridge, Va. (Nageotte, Borinsky & Zelnick, Woodbridge, Va., on brief), for appellant.

Claire L. McGuire, Dept. of Justice, Washington, D.C. (F. Henry Habicht II, Asst. Atty. Gen., Washington, D.C., Elsie L. Munsell, U.S. Atty., Alexandria, Va., John F. Kane, Asst. U.S. Atty., Norfolk, Va., Diane L. Donley, Martin W. Matzen, Dept. of Justice, Washington, D.C., on brief), for appellee.

Before WINTER, Chief Judge, SNEEDEN, Circuit Judge, and WARRINER, United States District Judge for the Eastern District of Virginia, sitting by designation.

HARRISON L. WINTER, Chief Judge:

Defendant Tull, a real estate developer, placed fill on "wetlands" without a permit at several locations on the island of Chincoteague, Virginia. The government sued, alleging that this filling violated both the Clean Water Act,1 33 U.S.C. § 1251 et seq., and the Rivers and Harbors Appropriation Act, 33 U.S.C. § 401 et seq. The district court 615 F.Supp. 610

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