U.S. v. M/G TRANSPORT SERVICES, INC.

No. 97-3909.

173 F.3d 584 (1999)

UNITED STATES of America, Plaintiff-Appellant, v. M/G TRANSPORT SERVICES, INC., J. Harschel Thomassee, Fred E. Morehead, and Robert S. Montgomery, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided April 22, 1999.


Attorney(s) appearing for the Case

H. Claire Whitney (briefed), James A. Morgulec (argued and briefed), Environmental Crimes Section, U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, for Plaintiff-Appellant.

Glenn V. Whitaker (argued and briefed), Victor A. Walton, Jr. (briefed), Eric W. Richardson (briefed), Vorys, Sater, Seymour & Pease, Cincinnati, OH, for Defendant-Appellee M/G Transport Services, Inc.

Thomas R. Smith (argued and briefed), Haverkamp, Brinker, Rebold & Riehl, Cincinnati, OH, for Defendant-Appellee J. Harschel Thomassee.

Marc D. Mezibov (argued and briefed), Ted L. Wills (briefed), Sirkin, Pinales, Mezibov & Schwartz, Cincinnati, OH, for Defendants-Appellees Fred E. Morehead and Robert S. Montgomery.

Before: MARTIN, Chief Judge; DAUGHTREY and CLAY, Circuit Judges.


DAUGHTREY, Circuit Judge.

This appeal stems from a federal prosecution of alleged environmental crimes involving the non-permitted discharge of pollutants into the Ohio River from tow boats owned by M/G Transport Services, Inc. After a seven-week trial, a jury convicted M/G Transport and J. Harschel Thomassee, an official with the company, on the charge of conspiracy to violate the Federal Water Pollution Control Act, 33 U.S.C. §§ 1251-1386, popularly known...

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