United States v. Benton and Company, Inc.

OPINION AND ORDER

KRENTZMAN, District Judge.

This came before the Court upon defendant’s motion to dismiss the criminal information in this cause. Both parties have filed memoranda relative to this motion which have been considered by the Court in the opinion and order which follows:

DUPLICITY

The information charges that defendant “did fill, alter, and modify” the condition of a navigable water of the United States without having obtained the recommendation of the Chief of Engineers and the authorization of the Secretary of the Army in violation of 33 U.S.C. §§ 403, 406.

Defendant contends that…