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U.S. v. CUNDIFF

Nos. 05-5469, 05-5905, 07-5630.

555 F.3d 200 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. George Rudy CUNDIFF; Christopher Seth Cundiff, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 4, 2009.

Attorney(s) appearing for the Case

ARGUED: Leslie E. Nunn, Leslie E. Nunn, P.C., Cynthiana, Indiana, for Appellants. Jennifer Scheller Neumann, David Fishback, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Leslie E. Nunn, Leslie E. Nunn, P.C., Cynthiana, Indiana, for Appellants. Jennifer Scheller Neumann, David Fishback, Ellen J. Durkee, United States Department of Justice, Washington, D.C., for Appellee. James Graham Murphy, National Wildlife Federation, Montpelier, Vermont, for Amicus Curiae.

Before MARTIN and McKEAGUE, Circuit Judges; COLLIER, Chief District Judge.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

After eight years of failed negotiations and ignored orders, the United States sued George Rudy Cundiff (who goes by Rudy) and his son, Christopher Seth Cundiff (who goes by Seth), seeking injunctive relief and civil penalties against them for discharging "pollutants" into "waters of the United States" without a permit in violation of the Clean Water Act. 33 U.S...

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