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U.S. v. ILCO, INC.

No. 91-1004.

996 F.2d 1126 (1993)

UNITED STATES of America, Plaintiff-Appellant, Cross-Appellee, Alabama Department of Environmental Protection and State of Alabama, Intervenors-Plaintiffs-Appellants, Cross-Appellees, v. ILCO, INCORPORATED, a/k/a Interstate Lead Company, Inc. and Diego Maffei, Defendants-Appellees, Cross-Appellants, Leeds Excavating & Paving Company, Inc., et al., Defendants.

United States Court of Appeals, Eleventh Circuit.

August 4, 1993.

Attorney(s) appearing for the Case

Alton B. Parker, Spain, Gillon, Grooms, Blan & Nettles, Birmingham, AL, for State of Alabama.

Katherine Adams, U.S. Dept. of Justice, Washington, DC, for U.S.

Charles de Saillan, U.S. E.P.A., Washington, DC, for appellees.

Charles R. Driggars, Sirote & Permutt, Birmingham, AL, for ILCO, Inc.

John A. Bryson, M. Alice Thurston, U.S. Dept. of Justice, Appellate Section, Washington, DC, for appellants.

Before FAY and DUBINA, Circuit Judges, and FLOYD R. GIBSON, Senior Circuit Judge.

FAY, Circuit Judge:

This case is an enforcement action filed by the United States Environmental Protection Agency and the State of Alabama against a secondary lead smelter for violations of federal and state environmental law. The district court held the defendant liable and awarded civil penalties and cleanup costs to the government, and ordered compliance with the law. Although the government received a favorable decision, it has appealed the district court's conclusion...

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