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UNITED STATES v. C & R TRUCKING CO.

Civ. A. No. 81-0071-P(H).

537 F.Supp. 1080 (1982)

UNITED STATES of America, Plaintiff, v. C & R TRUCKING COMPANY, Defendant.

United States District Court, N. D. West Virginia, Parkersburg Division.

April 28, 1982.

Attorney(s) appearing for the Case

Betsy C. Steinfeld, Asst. U. S. Atty., Wheeling, W. Va., Carol E. Dinkins, Asst. Atty. Gen., Land and Natural Resources Div., U. S. Dept. of Justice, Washington, D. C., Diane L. Donley, Atty., Environmental Defense Section, Land and Resources Div., U. S. Dept. of Justice, Washington, D. C., for plaintiff.

Ronald W. Kasserman, Galbraith, Seibert, Kasserman, Farnsworth, Gillenwater & Glauser, Wheeling, W. Va., W. H. Ballard, II, Ballard & Brumfield, Welch, W. Va., for defendant.

MEMORANDUM OPINION AND ORDER

HADEN, District Judge.

The Government instituted this action on November 27, 1981, seeking to assess a civil penalty against the Defendant under the Clean Water Act1 and to recover the costs which it incurred in removing a quantity of oil from a tributary of the Ohio River which was allegedly discharged from the Defendant's truck on or about February 19, 1977.2 The Defendant...

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