ELR Citation: ELR 20078
No(s). s. 5290, 5293 (D. Me. Dec 28, 1970)

Defendants' motion to dismiss two indictments charging them with dumping rendering plant wastes into Penobscot Bay in violation of the Refuse Act, 33 U.S.C. §407, as selective, uneven and therefore unconstitutional enforcement of the law, contrary to the U.S. Const. 5th Amend., is denied. The fact that other offenders have not been prosecuted, without a showing of purposeful and arbitrary discrimination, does not support a claim of denial of due process or equal protection.

Counsel for the United States:
Peter Mills United States Attorney
John B. Wlodkamski Assistant United States Attorney
156 Federal Street
Portland, ME 04112
(207) 775-3131

Counsel for Maplewood Poultry Co. and Poultry Processing, Inc.:
Barnett I. Shur
Gregory A. Tselikis
443 Congress Street
Portland, ME 04111
(207) 774-6291

Irving Isaacson
145 Lisbon Street
Lewiston, ME 04240
(207) 784-7339