UNITED STATES v. AMERICAN PRESIDENT LINES

Cr. No. 41674.

95 F.Supp. 371 (1951)

UNITED STATES v. AMERICAN PRESIDENT LINES, Limited.

United States District Court E. D. New York.

January 22, 1951.


Attorney(s) appearing for the Case

Frank J. Parker, U. S. Atty., Brooklyn, N. Y. (Edward S. Szukelewicz, Asst. U. S. Atty., Brooklyn, N. Y., of counsel), for U. S.

Dow & Symmers, New York City (Edwin K. Reid, New York City, of counsel), for defendant.


BYERS, District Judge.

This is a motion — presumably under Rule 12, Fed.Rules Civ.Proc. 28 U.S.C.A. — to dismiss an information which charges a violation of the Statute covering the unauthorized landing of aliens, Title 8 U.S. C.A. § 146(a), in the case of a stowaway who escaped from the S.S. Edward P. Ripley on June 15, 1946.

The information was filed nearly 20 months later, on February 5, 1948, and this motion was heard on January 15,...

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