OPINION
BOWNES, District Judge.
The indictment in this case charges that the defendant on three occasions did unlawfully discharge and cause to be discharged into the Merrimack River at Manchester, New Hampshire, a navigable water of the United States, "refuse matter other than that flowing from streets and sewers and passing therefrom in a liquid state, to wit, blood, feces, grease, oil, paunch manure, stock pen manure, canning operations waste, rendering...
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