U.S. v. WASSERSON

No. 04-1339.

418 F.3d 225 (2005)

UNITED STATES of America, Appellant, v. Gary WASSERSON.

United States Court of Appeals, Third Circuit.

July 29, 2005.


Attorney(s) appearing for the Case

Patrick L. Meehan, United States Attorney, Laurie Magid, Deputy United States Attorney for Policy and Appeals, Robert A. Zauzmer, Assistant United States Attorney, Senior Appellate Counsel, Catherine L. Votaw (Argued), Anita Eve, Assistant United States Attorneys, Philadelphia, PA, for Appellant.

Robert D. Fox (Argued), Manko, Gold, Katcher & Fox, LLP, Bala Cynwyd, PA, for Appellee.

Before: SCIRICA, Chief Judge, and MCKEE and CHERTOFF, Circuit Judges.


OPINION OF THE COURT

MCKEE, Circuit Judge.

We are asked to review the district court's grant of the defendant's motion for judgment of acquittal on Count Three of an indictment charging Gary Wasserson with causing, and aiding and abetting, the disposal of hazardous waste without a permit in violation of the Resource Conservation and Recovery Act, 42 U.S.C. § 6928(d)(2)(A) and 18 U.S.C. § 2. For the reasons that follow, we will reverse.

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