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UNITED STATES v. WHIFFEN

No. 3022.

23 F.2d 352 (1927)

UNITED STATES v. WHIFFEN et al.

District Court, S. D. Ohio, W. D.

November 29, 1927.

Attorney(s) appearing for the Case

Porter R. Chandler and W. H. Kenyon, Jr., Sp. Asst. Attys. Gen., for the United States.

Robert R. Nevin (of Nevin & Kalbfus) and Ezra M. Kuhns, both of Dayton, Ohio, Frank F. Dinsmore (of Dinsmore, Shohl & Sawyer), of Cincinnati, Ohio, and E. H. Sykes and E. H. Green (of Sullivan & Cromwell), both of New York City, for defendants.

HICKENLOOPER, District Judge.

By motion to dismiss certain charges contained in the information in contempt and demurrer to this motion, treating the same as a special plea in bar, counsel have presently raised the question of the statute of limitations, if any, applicable to contempt proceedings, which they had contemplated raising under the plea of not guilty. This involves a consideration of sections 24 and 25 of the Clayton Act (Act Oct. 15, 1914, c. 323, 38 Stat...

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