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This section contains the nature of the case and procedural background.

The United States (P) filed a complaint against SICO Company and North American Smelting Company. Ds moved under Rule 12(e) for a more definite statement in that the complaint filed was so vague and ambiguous that they were unable to frame a responsive pleading as required under Rule 7. The complaint stated that Ds were responsible for the discharge of oil into the Delaware River in violation of 33 U.S.C. section 1321 (b)(3). Ds contend that the complaint fails to state which of them were responsible for the alleged oil discharged, the amount of oil discharged, and the actions, which were alleged to have caused the discharge.

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