United States v. Malitovsky Cooperage Co.

OPINION

DIAMOND, District Judge.

The United States of America brought this action against Malitovsky Cooperage Company (Malitovsky) to recover a statutory penalty and damages on the grounds that oil which emanated from the defendant’s steel drum reconditioning plant had been discharged into the Allegheny River in violation of 33 U.S.C.A. § 1321(b)(3). 1 The plaintiff sought damages in the amount of $51,884.19 plus interest, representing an administratively assessed penalty • of $5,000.00 2 and the actual costs of $46,884.19 incurred by plaintiff in removing the oil from the river. 3…