U.S. v. AM GENERAL CORP.

No. 93-3538.

34 F.3d 472 (1994)

UNITED STATES of America, Plaintiff-Appellant, v. AM GENERAL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 1, 1994.


Attorney(s) appearing for the Case

J. Carol Williams, Lois J. Schiffer, Dept. of Justice, Land & Natural Resources Div., Washington, DC, Andre Daugavietis, E.P.A., Region 5, Office of Regional Counsel, Chicago, IL, Peter A. Appel (argued), Dept. of Justice Land & Natural Resources Div., Washington, DC, Clifford D. Johnson, Asst. U.S. Atty., South Bend, IN, Frank Bentkover, Kathryn Smith, E.P.A., Office of Enforcement, Washington, DC, for U.S.

Bryan G. Tabler (argued), Peter J. Rusthoven, Barnes & Thornburg, Indianapolis, IN, for A.M. General Corp.

Percy Angelo, Kathleen M. Hennessey, Lyman C. Welch, Mayer, Brown & Platt, Chicago, IL, for Allsteel, Inc., amicus curiae.

Before POSNER, Chief Judge, and EASTERBROOK and ROVNER, Circuit Judges.


POSNER, Chief Judge.

The United States has appealed from the district court's dismissal of a civil penalty action brought against AM General Corporation under the Clean Air Act. 808 F.Supp. 1353 (N.D.Ind.1992). AM General manufactures the Hummer or HumVee — successor to the army jeep — at a plant in Mishawaka, Indiana. The Hummer requires special protective painting the application of which throws off volatile organic...

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