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COLT INDUSTRIES, INC. v. U.S.

No. 89-1165.

880 F.2d 1311 (1989)

COLT INDUSTRIES, INC., Plaintiff/Cross-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 24, 1989.

Attorney(s) appearing for the Case

Frank M. Northam, Webster, Chamberlain & Bean, Washington, D.C., argued for plaintiff-cross-appellant. With him on the brief were George D. Webster and Hugh K. Webster.

Teresa E. McLaughlin, Dept. of Justice, Washington, D.C., argued for defendant-appellee. With her on the brief were James I.K. Knapp, Acting Asst. Atty., Gary R. Allen and Jonathan S. Cohen.

Before NIES, MAYER and MICHEL, Circuit Judges.

OPINION

MAYER, Circuit Judge.

On cross-motions for partial summary judgment, the United States Claims Court, 11 Cl.Ct. 140 (1986), granted the government's motion and held that civil penalties assessed under the Clean Water Act, 33 U.S.C. § 1319(d), and the Clean Air Act, 42 U.S.C. § 7413(b), against Colt's affiliated subsidiary, Crucible, Inc., constitute a "fine or similar penalty paid to a government for the violation of any law" for which a...

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