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UNITED STATES v. LEHIGH VALLEY R. CO.

No. 5901.

43 F.2d 135 (1930)

UNITED STATES v. LEHIGH VALLEY R. CO. et al.

District Court, M. D. Pennsylvania.

August 19, 1930.

Attorney(s) appearing for the Case

Andrew B. Dunsmore, U. S. Atty., of Wellsboro, Pa., and William J. Walsh, Sp. Asst. to U. S. Atty., of Washington, D. C.

Knapp, O'Malley, Hill & Harris, of Scranton, Pa., and John T. Brady, of Harrisburg, Pa., for defendants.

WATSON, District Judge.

The defendants were indicted on October 29, 1929, for a violation of the Elkins Act (U. S. Code, title 49, § 41 [49 USCA § 41]). They have filed pleadings attacking the validity of the indictment. Each defendant has filed a plea in abatement the legal sufficiency of which the government attacks by demurrers. Each defendant has also filed a motion to quash, and in each case a rule was granted to show cause why the indictment should...

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