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UNITED STATES v. MALITOVSKY COOPERAGE CO.

Civ. A. No. 75-748.

472 F.Supp. 454 (1979)

UNITED STATES of America, Plaintiff, v. MALITOVSKY COOPERAGE COMPANY, Defendant, v. CITY OF PITTSBURGH and Allegheny County Sanitary Authority, Third-Party Defendants.

United States District Court, W. D. Pennsylvania.

June 28, 1979.

Attorney(s) appearing for the Case

Craig McKay, Asst. U. S. Atty., Pittsburgh, Pa., for plaintiff.

George I. Minch, James G. Groninger, Pittsburgh, Pa., for defendant.

Robert B. Smith, Pittsburgh, Pa., for City of Pittsburgh.

Charles J. Duffy, Jr., Pittsburgh, Pa., for Allegheny County Sanitary Auth.

OPINION

DIAMOND, District Judge.

The United States of America brought this action against Malitovsky Cooperage Company (Malitovsky) to recover a statutory penalty and damages on the grounds that oil which emanated from the defendant's steel drum reconditioning plant had been discharged into the Allegheny River in violation of 33 U.S.C.A. § 1321(b)(3).1 The plaintiff sought damages...

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