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U.S. v. LARKINS

No. 87-5300.

852 F.2d 189 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas R. LARKINS and Herbert M. Larkins, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided July 22, 1988.

Rehearing Denied September 19, 1988.

Attorney(s) appearing for the Case

J. William Phillips (argued), Murray, Ky., for defendants-appellants.

Joseph Whittle, U.S. Atty., Louisville, Ky., James L. Kerr, David C. Shilton (argued), Land & Natural Resources Div., Dept. of Justice, Washington, D.C., Martin W. Matzen, for plaintiff-appellee.

Before MERRITT, KENNEDY and KRUPANSKY, Circuit Judges.

PER CURIAM.

Defendants-appellants Thomas R. Larkins and Herbert M. Larkins (defendants) appealed from the district court's order permanently enjoining them from modifying "wetlands"1 adjacent to the Obion Creek in Carlisle County, Kentucky, ordering them to restore wetlands they had earlier destroyed, and imposing a penalty of $40,000.2 The record disclosed the following...

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