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U.S. v. LOUISVILLE EDIBLE OIL PRODUCTS, INC.

No. 90-6026.

926 F.2d 584 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. LOUISVILLE EDIBLE OIL PRODUCTS, INC. also known as Louisville E.O.P., Inc.; Presidential, Inc.; Frank Reed Metts; A. Dean Huff; Raymond Carl Marrillia, Jr., also known as Sammy Marrillia, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided March 1, 1991.

Rehearing and Rehearing Denied April 15, 1991.

Attorney(s) appearing for the Case

Joseph M. Whittle, U.S. Atty., Richard A. Dennis, Asst. U.S. Atty., Louisville, Ky., James B. Gelin, Vicki B. Plaut (argued), U.S. Dept. of Justice, Land & Natural Resources Div., Paul S. Rosenzweig, U.S. Dept. of Justice, Environmental Crimes Section, Washington, D.C., for plaintiff-appellee.

Frank E. Haddad, Jr. (argued), Louisville, Ky., for defendants-appellants.

Before MARTIN and KRUPANSKY, Circuit Judges, and PECK, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied April 15, 1991.

BOYCE F. MARTIN, Jr., Circuit Judge.

We have before us the denial of a motion to dismiss a nine count indictment charging asbestos related violations of the Clean Air Act, 42 U.S.C. § 7401 et seq., and the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. § 9601 et seq. Defendants claim this federal prosecution is barred by the double jeopardy clause...

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