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U.S. v. BRACE

No. 94-3076.

41 F.3d 117 (1994)

UNITED STATES of America, Appellant, v. Robert BRACE; Robert Brace Farms, a Pennsylvania Corporation.

United States Court of Appeals, Third Circuit.

Decided November 22, 1994.

Sur Petition for Rehearing January 9, 1995.

Attorney(s) appearing for the Case

Bonnie R. Schlueter, Office of U.S. Atty., Pittsburgh, PA, William B. Lazarus (argued), U.S. Dept. of Justice, Washington, DC, for appellant U.S.

Samuel W. Braver, Henry McC. Ingram (argued), Buchanan Ingersoll Professional Corp., Pittsburgh, PA, John D. Ward, Buchanan Ingersoll, Harrisburg, PA, for appellees Robert Brace; Robert Brace Farms, a Pennsylvania Corp.

Before: BECKER and COWEN, Circuit Judges and POLLAK, District Judge.

OPINION OF THE COURT

COWEN, Circuit Judge.

The United States brought this action in the United States District Court for the Western District of Pennsylvania against Robert Brace, individually, and Robert Brace Farms, Inc., a Pennsylvania corporation (collectively, "Brace" or "defendants"), alleging violations of the requirement in Section 404 of the Clean Water Act ("CWA"), 33 U.S.C. § 1344, that a permit be obtained for the discharge of dredged or...

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