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CONTRACT COURIER SERVICES, INC. v. RESEARCH & SP. PROGRAMS ADMIN.

Nos. 90-1349, 90-1384.

924 F.2d 112 (1991)

CONTRACT COURIER SERVICES, INC., Plaintiff-Appellant—Cross-Appellee, v. RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, UNITED STATES DEPARTMENT OF TRANSPORATION, Defendant-Appellee—Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 5, 1991.

Attorney(s) appearing for the Case

Allan C. Zuckerman, Chicago, Ill., Neill T. Riddell, John W. Byrant, Eames, Wilcox, Mastej & Bryant, Detroit, Mich., for plaintiff-appellant — cross-appellee.

William Kanter, Mary K. Doyle, Dept. of Justice, Crim. Div., Washington, D.C., for defendant-appellee — cross-appellant.

Before EASTERBROOK, MANION, and KANNE, Circuit Judges.

EASTERBROOK, Circuit Judge.

The Department of Transportation believes that "knowingly" in a penal statute includes "should have known", 49 C.F.R. § 107.299, and fined Contract Courier Services $18,000 because an independent contractor put too many cartons containing radioactive materials in one storage facility, and drivers put boxes containing radioactive materials too close to the cabs of the trucks. There is some dispute about whether the persons who placed...

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