United States v. Devil's Hole, Inc.

FINDINGS OF FACT, DISCUSSION, CONCLUSIONS OF LAW AND ORDER

HUYETT, District Judge.

Following a non-jury trial, the submission of post-trial memoranda, and oral argument, I make the following findings of fact and conclusions of law pursuant to Fed.R. Civ.P. 52(a).

Findings of Fact

1. Anthracite silt is the residue matter following the wet washing of freshly mined coal or processed coal at the mine site. This residue matter is slushed into silt dams. (Stipulation ¶ 1) 1

2. Scalp screening involves passing anthracite silt over a screen to remove only large rocks, tree limbs and other large debris…