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UNITED STATES v. MESSER OIL CORP.

Crim. No. 74-23 Erie.

391 F.Supp. 557 (1975)

UNITED STATES v. MESSER OIL CORP.

United States District Court, W. D. Pennsylvania.

February 28, 1975.

Attorney(s) appearing for the Case

Craig R. McKay, Pittsburgh, Pa., Asst. U. S. Atty., for United States.

John G. Gent, Erie, Pa., for Messer Oil Corp.

OPINION

KNOX, District Judge.

This criminal action is brought under 33 U.S.C.A. § 1321(b)(5), a subsection of the Federal Water Pollution Control Act of 1972. Section 1321(b)(5) provides in relevant part:

"Any person in charge of a vessel or of an onshore facility or an offshore facility shall, as soon as he has knowledge of any discharge of oil or a hazardous substance from such vessel or facility in violation of paragraph (3) of this subsection...

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