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THE WATUPPA

19 F.Supp. 493 (1937)

THE WATUPPA.

District Court, S. D. New York.

March 17, 1937.

Attorney(s) appearing for the Case

Lamar Hardy, U. S. Atty., of New York City (John W. Knox, Asst. U. S. Atty., of New York City, of counsel), for libelant.

Lynch, Hagen & Atkins, of New York City, for Dumper E-8.

Purdy, Mason & Lamb, of New York City, for steamtug Watuppa.

HULBERT, District Judge.

Proctors for the Dumper E-8 of which Joseph McSpirit & Son, Inc., is the owner, apply for an order fixing the amount of the penalty to be assessed under an act of the Congress approved June 29, 1888, chap. 496, § 1, 25 Stat. 209 (33 U.S.C.A. § 441), which prohibits the deposit of refuse in New York Harbor and adjacent waters.

The government has two remedies:

(a) By information in a criminal proceeding against...

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