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United States v. M.C.C. of Fla., Inc.

ELR Citation: 18 ELR 21080
Nos. No. 84-5738, 848 F.2d 1133/27 ERC 2271/(11th Cir., 07/07/1988) Modified on remand from U.S. Supreme Court

The court holds that a jury trial is available on the issue of liability for civil penalties under the Rivers and Harbors Act and the Federal Water Pollution Control Act, in accordance with the Supreme Court's opinion in Tull v. United States, 17 ELR 20667. The Supreme Court had remanded the case to this court for further consideration in light of Tull. A jury is not available on the amount of the penalty to be imposed. Because there were factual disputes in the original trial in this case, the court vacates the judgment of the district court and remands for a new trial on the issue of liability only.

[The district court's original opinion is at 13 ELR 20305; the circuit court's original opinion is at 15 ELR 21091. The Tull decision is analyzed at 17 ELR 10304 and 18 ELR 10127.]

Counsel for Plaintiff-Appellee
Maria A. Iizuka
Land & Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2753

Counsel for Defendants-Appellants
Thomas A. Harris
Milligan, Hooper, Harris & Barry
614 1st Tennessee Bldg., Chattanooga TN 37402
(615) 266-5621

Before CLARK, Circuit Judge, HENDERSON[*], Senior Circuit Judge and HOFFMAN[**], Senior District Judge.