ELR Citation: ELR 20370
No(s). 14,193 (D. Conn. Jun 21, 1971)

Plaintiff cannot maintain civil qui tam action under §411 of Rivers and Harbors Act of 1899 for recovery of criminal fine provided for unauthorized polluters of navigable waters because informer's right to one-half fine collected vests only after conviction in criminal proceeding which he cannot institute himself. Plaintiff's request for injunction to prohibit further pollution by defendant of Fulling Mill Brook must also fail because amount in controversy is insufficient to afford federal court jurisdiction.

Counsel for Plaintiff:
David B. Beizer
152 Temple St.
New Haven, CT
(203) 562-6161

Counsel for Defendant:
Charles J. Negaro
Weisman & Weisman
49 Leavenworth St.
Waterbury, CT 06701
(203) 757-1551