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U.S. v. CUMBERLAND FARMS OF CONNECTICUT, INC.

No. 86-1983.

826 F.2d 1151 (1987)

UNITED STATES of America, Plaintiff, Appellee, v. CUMBERLAND FARMS OF CONNECTICUT, INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided August 18, 1987.

As Amended August 20, 1987.

Attorney(s) appearing for the Case

Allan van Gestel with whom Nancer Ballard, William J. Duensing and Goodwin, Procter & Hoar, Boston, Mass., were on brief for defendant, appellant.

Edward J. Shawaker with whom F. Henry Habicht II, Asst. Atty. Gen., Washington, D.C., Robert S. Mueller III, U.S. Atty., Richard E. Welch III, Asst. U.S. Atty., Boston, Mass., and David C. Shilton, Washington, D.C., were on brief for plaintiff, appellee.

Douglas B. MacDonald, Ralph A. Child, David P. Novello and Palmer & Dodge, Boston, Mass., on brief for Sierra Club, amicus curiae.

Before CAMPBELL, Chief Judge, TORRUELLA, Circuit Judge, and MALETZ, Senior Judge.

LEVIN H. CAMPBELL, Chief Judge.

This is an appeal by Cumberland Farms of Connecticut, Inc. ("Cumberland") from a judgment of the United States District Court for the District of Massachusetts.1 The district court ruled that from 1977 to 1985 Cumberland had violated sections 301 and 502 of the Federal Water Pollution Control Act (the "Clean Water Act"), 33 U.S.C. §§ 1311, 1362 (1982), by dredging and filling a freshwater wetland...

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