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FIORE v. WHITE

No. 98-942.

528 U.S. 23 (1999)

FIORE v. WHITE, WARDEN, et al.

United States Supreme Court.

Decided November 30, 1999.

Attorney(s) appearing for the Case

James Brandon Lieber argued the cause for petitioner. With him on the briefs were M. Jean Clickner and Harold Gondelman.

Robert A. Graci, Assistant Executive Deputy Attorney General of Pennsylvania, argued the cause for respondents. With him on the brief were D. Michael Fisher, Attorney General, pro se, and Andrea F. McKenna, Senior Deputy Attorney General.*

Breyer, J., delivered the opinion for a unanimous Court.

Justice Breyer, delivered the opinion of the Court.

The Commonwealth of Pennsylvania convicted codefendants William Fiore and David Scarpone of violating a provision of Pennsylvania law forbidding any person to "operate a hazardous waste" facility without a "permit." Pa. Stat. Ann., Tit. 35, § 6018.401(a) (Purdon 1993) (reprinted at Appendix A, infra ). Each codefendant appealed to a different intermediate state court, one of which affirmed Fiore's conviction...

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