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U.S. v. GERKE EXCAVATING, INC.

No. 04-3941.

464 F.3d 723 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. GERKE EXCAVATING, INC., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

September 22, 2006.

Attorney(s) appearing for the Case

Leslie K. Herje (argued), Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee.

Gregory T. Broderick (argued), Sacramento, CA, for Defendant-Appellant.

Before POSNER, EASTERBROOK, and EVANS, Circuit Judges.

PER CURIAM.

This suit charges that the defendant, Gerke Excavating, violated the Clean Water Act by discharging pollutants into "navigable waters" from "point sources" without having obtained the permit from the Corps of Engineers that is required if the pollutant consists of dredge or fill material. 33 U.S.C. §§ 1311(a), 1362(12). The district judge granted summary judgment for the government and imposed a civil penalty. We affirmed. 412...

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