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U.S. v. TRIDENT SEAFOODS CORP.

No. 94-35178.

60 F.3d 556 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. TRIDENT SEAFOODS CORPORATION, Defendant-Appellant, and Tom Stakkeland; James Hinton, Defendants.

United States Court of Appeals, Ninth Circuit.

Decided July 12, 1995.

Attorney(s) appearing for the Case

Ralph H. Palumbo, Matthew P. Bergman, Lynn M. Engel, Robert D. Nelson, Heller, Ehrman, White & McAuliffe, Seattle, WA, for defendant-appellant Trident Seafoods Corp.

M. Alice Thurston, Steve Novick, Albert M. Ferlo, Jr., U.S. Dept. of Justice, Washington, DC, for plaintiff-appellee U.S.

Before: SKOPIL, FERGUSON, and THOMPSON, Circuit Judges.

Opinion by Judge Skopil; Dissent by Judge Ferguson.

SKOPIL, Senior Circuit Judge:

Trident Seafoods Corporation ("Trident") appeals a civil penalty imposed for violating the Clean Air Act. The issue presented is whether Trident's failure to notify officials of its intent to remove asbestos constitutes a "one-time" violation or a "continuous" violation for purposes of determining a lawful penalty. The district court concluded that Trident's violation was continuous...

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