UNITED STATES v. KELLY

Cr. No. 1149.

63 F.Supp. 977 (1945)

UNITED STATES v. KELLY et al.

District Court, N. D. Indiana, Fort Wayne Division.

January 29, 1945.


Attorney(s) appearing for the Case

Alexander M. Campbell, U. S. Atty., of Fort Wayne, Ind., and Colin A. Smith, Sr. Atty., Interstate Commerce Commission, of Chicago, Ill., for plaintiff.

Parrish & Parrish, of Fort Wayne, Ind. for defendant.


SWYGERT, District Judge.

The question argued at the hearing on the motion to quash and which is presented by it, is whether the Government should have negatived what the defendants term "exceptions" referred to in the section of the statute under which the indictment is drawn. Title 49 U.S.C.A. § 306(a).

Upon analysis these so-called "exceptions" for the most part do not turn out to be exceptions in the true sense of the word. Other than those motor vehicles...

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