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UNITED STATES v. KEMMEL

Crim. No. 12808.

160 F.Supp. 718 (1958)

UNITED STATES of America v. John B. KEMMEL, Frank P. Laurelli, John B. Kemmel, Inc.

United States District Court M. D. Pennsylvania.

March 5, 1958.

Attorney(s) appearing for the Case

Oliver Dibble, Sp. Asst. to Atty. Gen., Robert J. Hourigan, U. S. Atty., Scranton, Pa., for plaintiff.

Jacob Kossman, Philadelphia, Pa., Joseph E. Gallagher, Scranton, Pa., for defendants John B. Kemmel and John B. Kemmel, Inc.

G. Frank DiBona, Philadelphia, Pa., for defendant Frank P. Laurelli.

JOHN W. MURPHY, Chief Judge.

Defendants indicted for violation of 18 U.S.C.A. § 371,1 move to dismiss, urging (1) the indictment does not state sufficient facts to constitute an offense against the United States; (2) it is duplicitous because it alleges that the conspiracy contemplated the commission of an offense against the United States and to defraud the United States; (3) defendant...

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