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UNITED STATES v. BROVERMAN

180 F.Supp. 631 (1959)

UNITED STATES of America, Plaintiff, v. Frederick S. BROVERMAN and M. Broverman & Son, Defendants.

United States District Court S. D. New York.

November 25, 1959.

Attorney(s) appearing for the Case

S. Hazard Gillespie, Jr., U. S. Atty., New York City, for the United States. Anthony R. Palermo, Asst. U. S. Atty., Rochester, N. Y., Edwin F. Rains, Chief Counsel, Foreign Assets Control, Washington, D. C., of counsel.

Corcoran, Kostelanetz, Gladstone & Lowell, New York City, for defendants. Boris Kostelanetz, Jules Ritholz, Arthur B. Kramer, Maurice N. Nessen, New York City, of counsel.

WEINFELD, District Judge.

The defendants move to dismiss all counts of a five-count indictment on the ground that no count charges an offense against the United States.

The first two counts charge violation of section 5(b) of the Trading with the Enemy Act, 50 U.S.C.A.Appendix, § 5 (b), and regulations issued thereunder in that, on two separate occasions, the defendants wilfully imported a quantity of hog bristles, the country of origin of which was China...

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