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UNITED STATES v. AMERICAN CYANAMID COMPANY

No. 951, Docket 73-1458.

480 F.2d 1132 (1973)

UNITED STATES of America, Appellee, v. AMERICAN CYANAMID COMPANY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 27, 1973.

Attorney(s) appearing for the Case

Ronald J. Cracas, New York City (Edward F. Malone, New York City, on the brief), for defendant-appellant.

Anne S. Eristoff, Asst. U. S. Atty. (Paul J. Curran, U. S. Atty., S. D. N. Y., and Daniel Riesel and John W. Nields, Jr., Asst. U. S. Attys., on the brief), for appellee.

Before KAUFMAN, Chief Judge, SMITH, Circuit Judge, and BRYAN, District Judge.

KAUFMAN, Chief Judge:

We are called upon to decide a narrow, but important, issue of statutory construction under section 13 of the Rivers and Harbors Appropriations Act of 1899 (Refuse Act of 1899), 33 U.S.C. § 407 (1970).1 The question presented is whether the Government sustained its burden of proving a violation of that provision when it established a likelihood that refuse discharged...

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