UNITED STATES v. SHARP

No. 84-0701-CV-W-9.

645 F.Supp. 337 (1986)

UNITED STATES of America, Plaintiff, v. Mark SHARP d/b/a Sharp Grocery, Loethen Oil Company Inc., Kerr-McGee Corporation and Kerr-McGee Refining Corporation, Defendants.

United States District Court, W.D. Missouri, W.D.

June 18, 1986.


Attorney(s) appearing for the Case

Vernon A. Poschel, Asst. U.S. Atty., Kansas City, Mo., F. Henry Habicht, II, Asst. Atty. Gen., Land and Natural Resources Div., U.S. Dept. of Justice, Brian G. Donohue, Atty., Environmental Enforcement Section, U.S. Dept. of Justice, Washington, D.C., Marcia Ginley, Atty. U.S.E. P.A., Denver, Colo., for plaintiff.

Robert L. Hyder, Jefferson City, for Loethen Oil Co., Inc.

Karl F. Schmidt, Stanley A. Reigel, Morrison, Hecker, Curtis, Kuder & Parrish, Kansas City, Mo., for Kerr McGee & Kerr McGee Refining; Thomas R. Cochran, Senior Counsel, Kerr-McGee Chemical Corp., Oklahoma City, Okl., of counsel.


MEMORANDUM ORDER

BARTLETT, District Judge.

Plaintiff seeks to recover civil penalties from defendants Mark Sharp d/b/a Sharp Grocery, Loethen Oil Company, Inc., Kerr-McGee Corporation and Kerr-McGee Refining Corporation for a violation of the unleaded gasoline regulations, 40 C.F.R. § 80.1, et seq., adopted pursuant to § 211(c) of the Clean Air Act, 42 U.S.C. § 7545(c). Plaintiff seeks a civil penalty of $10,000 for each day the violation...

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