Legal Opinion

State v. GETTY OIL COMPANY,(Eastern Operations) INC.

Superior Court of Delaware

Decided April 25, 1973PublishedCited by 10 opinions

1Opinion of the Court

BIFFERATO, Judge.

This is a criminal action brought by the State of Delaware against Getty Oil Company, (Eastern Operations) Inc., (“Getty”) charging that Getty caused visible air contaminants and/or smoke to be emitted into the air in violation of Regulation XV, Section 2.1, of the Delaware Water and Air Resources Commission Regulations (“DWARCR”) governing the control of air pollution and that this alleged action violates' 7 Del.C. § 6013(a). Getty now moves to dismiss under Rule 12(b), Superi- or Court Criminal Rules, Del.C.Ann.

For purposes of this motion this Court is assuming certain…

2Cases cited3 opinions

  1. United States v. CruikshankSupreme Court of the United States · 1876
  2. Demonia v. StateSupreme Court of Delaware · 1965
  3. Cucuzzella v. BilinskiSupreme Court of Delaware · 1965

3Cited by10 opinions

  1. Oceanport Industries, Inc. v. Wilmington Stevedores, Inc.Supreme Court of Delaware · 1994
  2. Lovett v. StateSupreme Court of Delaware · 1986
  3. Minshew v. StateCourt of Criminal Appeals of Alabama · 1988
  4. Brown v. StateSupreme Court of Delaware · 1999
  5. McCoy v. StateSupreme Court of Delaware · 1976

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