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U.S. v. MANGO

No. 96-CR-327.

997 F.Supp. 264 (1998)

UNITED STATES OF AMERICA v. Louise MANGO, Kenneth Austin, Kevin Dominske, and Phenix Environmental, Inc., Defendants.

United States District Court, N.D. New York.

March 5, 1998.

Attorney(s) appearing for the Case

Thomas J. Maroney, United States Attorney for the Northern District of New York, Syracuse, NY, of counsel: Craig A. Benedict, Edward R. Broton, Asst. U.S. Attorneys.

Miller, Cassidy, Larroca, and Lewin, L.L.P., Washington, D.C., for Defendants Louise Mango and Phenix Environmental, Inc., of counsel: R. Stan Mortenson, Jay L. Alexander, James R. Heavner, Jody Manier Kris.

Lynn Law Office, Syracuse, NY, for Defendants Louise Mango and Phenix Environmental, Inc., of counsel: Thomas F. Shannon.

Sidley & Austin, Washington, D.C., for Defendant Kenneth Austin, of counsel: John N. Gallo, Bradford A. Berenson, Stephen B. Kinnaird, Eric S. Mattson.

Hiscock & Barclay, L.L.P., Syracuse, NY, for Defendant Kenneth Austin, of counsel: Robert A. Barrer.

Stillman & Friedman, New York, NY, for Defendant Kevin Dominske Michael Grudberg, of counsel.

MEMORANDUM-DECISION AND ORDER

MUNSON, Senior District Judge.

INTRODUCTION

Presently before the court are four motions which defendants have filed. Each of these motions seeks to dismiss certain counts of the Indictment. The first motion seeks to dismiss Counts 2-31 for unlawful delegation of permitting authority. The second seeks to dismiss Counts 14-19. The third seeks to dismiss Counts 2-13 and 26-31 for lack of authority to enforce criminally...

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