U.S. v. KELLEY TECHNICAL COATINGS, INC.

Nos. 96-6282, 96-6283.

157 F.3d 432 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. KELLEY TECHNICAL COATINGS, INC. (96-6282); Arthur Sumner (96-6283), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided September 16, 1998.

Rehearing Denied October 19, 1998.


Attorney(s) appearing for the Case

Mark R. Feather (argued and briefed), Larisa E. Wicklander (briefed), Brown, Todd & Heyburn, Louisville, KY, for Kelly Technical Coatings, Inc.

Scott C. Cox (briefed), Louisville, KY, for Arthur Sumner.

Ethan G. Shenkman (argued and briefed), John T. Stahr, J. Carol Williams, Jonathan F. Klein, U.S. Department of Justice, Land & Natural Resources Division, Washington, D.C., Richard A. Dennis (briefed), Terry M. Cushing, Asst.U.S.Attys., Office of U.S. Attorney, Louisville, KY, for Plaintiff-Appellee.

Before: MERRITT and CLAY, Circuit Judges; BELL, District Judge.


OPINION

BELL, District Judge.

Defendants Kelley Technical Coatings, Inc. ("Kelley") and Arthur Sumner were convicted of knowingly storing and disposing of hazardous waste without a permit in violation of the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 6928(d)(2)(A).1 The District Court sentenced Kelley to pay a fine of $225,000, and sentenced Sumner to 21 months' imprisonment and a fine of $5000.

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