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U.S. v. BAYTANK (HOUSTON), INC.

Nos. 89-2129, 89-2172.

934 F.2d 599 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. BAYTANK (HOUSTON), INC., Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellant, v. BAYTANK (HOUSTON), INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 13, 1991.

Attorney(s) appearing for the Case

George McCall Secrest, Jr., Houston, Tex., Jay J. Madrid, Karen C. Corallo, Greg Sivinski, Walter D. James, III, Winstead, McGuire, Sechrest & Minick, Dallas, Tex., for defendant-appellant.

Vicki L. Plaut, Martin W. Matzen, John A. Bryson and Paul S. Rosenzweig, Patrick M. Flachs, Attys., Appellate Section, Land & Natural Resources Div., Dept. of Justice, Washington, D.C., Gordon Speights Young, Jack Shepherd, Chief, Civil Div., Henry K. Oncken, U.S. Atty., Houston, Tex., for plaintiff-appellee.

Before GARWOOD and HIGGINBOTHAM, Circuit Judges.

GARWOOD, Circuit Judge:

These consolidated appeals arise from the trial of a 37-count indictment against two corporations and nineteen individuals for violations of federal environmental laws in the operation of a chemical transfer and storage facility. At the conclusion of the proceedings in the district court, only one defendant, Baytank (Houston), Inc. (Baytank), stood convicted — and only on two counts. Baytank, appellant in No. 89-2129 and an appellee...

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