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UNITED STATES v. PHELPS DODGE CORPORATION

No. CR 74-776-TUC-WCF.

391 F.Supp. 1181 (1975)

UNITED STATES of America, Plaintiff, v. PHELPS DODGE CORPORATION, Defendant.

United States District Court, D. Arizona.

April 8, 1975.

Attorney(s) appearing for the Case

William C. Smitherman, U. S. Atty., Dist. of Arizona by Daniel G. Knauss, Asst. U. S. Atty., Tucson, Ariz., for plaintiff.

John F. Boland, Jr., Evans, Kitchel & Jenckes, P.C., Phoenix, Ariz., for defendant.

MEMORANDUM AND ORDER

FREY, District Judge.

On December 13, 1974, the Office of the United States Attorney filed an Information in this Court, charging defendant Phelps Dodge Corporation with polluting navigable waters of the United States in violation of Title 33, United States Code, Sections 1311(a) and 1319 (c)(1).

On February 14, 1975, defendant filed the first of two Motions to Dismiss the Information. In this first motion defendant asserts,...

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