ELR Citation: ELR 20040
No(s). 9070 (W.D. Wash. Oct 6, 1970)

Defendant's motion for dismissal granted in qui tam action in which plaintiff was attempting to recover one-half of any fines levied for violations of the Refuse Act by defendant's pulp mill. The court held that if it allowed plaintiff's suit to go forward it would have to determine priority between a criminal prosecution by the U.S. and an informant's suit.

Counsel for Marvin Durning:
George N. Prince
Cary, Prince & Smith
1411 Fourth Avenue
Seattle, WA 98101
(202) 624-8901

Counsel for ITT Rayonier, Inc.:
DeForest Perkins
Burroughs B. Anderson
Edward W. Kuhrau
1900 Washington Building
Seattle, WA 98101