ABRUZZO, District Judge.
An information was filed against the defendant, charging that on September 21, 1936, in violation of the Act of Congress of June 29, 1888, c. 496, § 1, 25 Stat. 209 (title 33, § 441, United States Code [33 U.S.C.A. § 441]), the defendant unlawfully placed, discharged and deposited refuse, sludge and oil from the oil barge Moormack No. 2 in the tidal waters of the Harbor of New York and its adjacent and tributary waters, within...
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