CAMPBELL, District Judge.
This is a motion to dismiss an indictment on the following grounds:
"(1) That the Indictments and the stenographic transcript demonstrate that the said defendant, Max Singer has not violated 26 U.S.C.A.Int.Rev.Code, § 2553(a) or 21 U.S.C.A. §§ 173 and 174, as charged, and more particularly as set forth in the Indictment marked `Exhibit A', and that therefore the said defendant should not be tried and the Indictment...
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