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STATE OF MD. DEPT. OF NATURAL RESOURCES v. KELLUM

No. 93-1030.

51 F.3d 1220 (1995)

STATE OF MARYLAND DEPARTMENT OF NATURAL RESOURCES; Potomac River Fisheries Commission, Plaintiffs-Appellees, v. Charles Thomas KELLUM; C.G. Willis, Inc., Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided April 18, 1995.

Attorney(s) appearing for the Case

ARGUED: J. Paul Mullen, Lord & Whip, P.A., Baltimore, MD, for appellants. Sharon Beth Benzil, Asst. Atty. Gen., Annapolis, MD, for appellees. ON BRIEF: Stacey H. Schoenfeld, Lord & Whip, P.A., Baltimore, MD, for appellants. J. Joseph Curran, Jr., Atty. Gen., Marianne D. Mason, Asst. Atty. Gen., Annapolis, MD, for appellees.

Before POWELL, Associate Justice (Retired), United States Supreme Court, sitting by designation, and WIDENER and WILLIAMS, Circuit Judges.

Vacated and remanded by published opinion. Judge WIDENER wrote the opinion, in which Justice POWELL and Judge WILLIAMS joined.

OPINION

WIDENER, Circuit Judge:

Defendants C.G. Willis, Inc. and Captain Charles Kellum, appeal an order of the district court granting summary judgment in favor of plaintiffs, the Maryland Department of Natural Resources and the Potomac River Fisheries Commission, and imposing strict liability as a matter of law for damages...

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