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U.S. v. GOODNER BROS. AIRCRAFT, INC.

No. 91-2466.

966 F.2d 380 (1992)

UNITED STATES of America, Appellee, v. GOODNER BROTHERS AIRCRAFT, INCORPORATED; and Albert S. Goodner, Jr., also known as Junior Goodner, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided June 4, 1992.

Attorney(s) appearing for the Case

James B. Harris, Dallas, Tex., argued (Jerry McCombs, Idabelle, Okl., Danny Thrailkill, Mena, Ark., and John Wesley Hall, Jr., Little Rock, Ark., on brief), for appellants.

Peter Appel, Dept. of Justice, Washington, D.C. (Herbert Mondros and J. Carol Williams, Dept. of Justice, Washington, D.C., Mark Webb, Asst. U.S. Atty., Fort Smith, Ark., and Patrick Flachs, Asst. U.S. Atty., St. Louis, Mo., on brief), for appellee.

Before LAY, Chief Judge, WOLLMAN and HANSEN, Circuit Judges.

HANSEN, Circuit Judge.

Appellants Goodner Brothers Aircraft and Albert S. Goodner, Jr. (Junior Goodner) were charged with criminal violations of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. § 6921 et seq., and the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. § 9601 et seq. This case has been tried twice. The first trial resulted in a hung jury on nine counts and acquittals on approximately forty...

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