ELR Citation: ELR 20628
No(s). 71-1370 (4th Cir. Dec 15, 1971)

Persons supplying information which leads to conviction under the Refuse Act have a statutory right to one-half of any fine imposed, and the court has no discretion to deny that award. Claimant's right to due process of law in the adjudication of their claim to one-half of the fine imposed upon the Chesapeake and Ohio Railway Co. for dumping oil into the Kanawha River was denied by the proceedings below because they were deprived of: (1) notice of the proceedings, (2) the right to confront witnesses, (3) the right to participate by counsel, (4) the right to adduce evidence in their own behalf, and (5) the right to a decision based upon the evidence adduced at such a hearing.

Counsel for Plaintiffs
John L. Boettner Jr.
Ray E. Ratliff Jr.
Appalachian Research and Defense Fund, Inc.
1116-B Kanawha Blvd. East
Charleston, WV 25301
(304) 344-9687

Counsel for the United States
Wayne A. Rick Jr. Ass't. U.S. Attorney
M. Warren Upton U.S. Attorney
500 Quarrier Street
Charleston, WV
(304) 344-3657

Before WINTER and BUTZNER, Circuit Judges, and DUPREE, District Judge.