U.S. v. M.C.C. OF FLORIDA, INC.

No. 91-5358.

967 F.2d 1559 (1992)

UNITED STATES of America, Plaintiff-Appellee, State of Florida Department of Environmental Regulation, Plaintiff-Intervenor, Appellee, v. M.C.C. OF FLORIDA, INC., and Michael's Construction Co., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

August 11, 1992.


Attorney(s) appearing for the Case

Thomas A. Harris, Chattanooga, Tenn., for defendants-appellants.

Susan Hill Ponzoli, Asst. U.S. Atty., Miami, Fla., Jack Chisolm, Florida Dept. of Environmental Regulation, Tallahassee, Fla., Linda Collins-Hertz, Asst. U.S. Atty., Miami, Fla., William A. Baxter, Atty., U.S. Army Corps of Engineers, (Sp. Asst. to U.S. Atty., S.D.Fla.), Jacksonville, Fla., for plaintiff-appellee.

Before TJOFLAT, Chief Judge, BIRCH, Circuit Judge, and RONEY, Senior Circuit Judge.


RONEY, Senior Circuit Judge:

The facts pertinent to this appeal are set out generally at United States v. M.C.C. of Florida, Inc., 772 F.2d 1501 (11th Cir.1985) (M.C.C. I). We refer here only to the events which essentially bear on the issues now before us.

This controversy arises out of a civil action brought by the United States of America and the Florida Department of Environmental Regulation for injunctive...

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