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UNITED STATES v. RICKENBACKER

197 F.Supp. 924 (1961)

UNITED STATES of America, v. William RICKENBACKER, Defendant.

United States District Court S. D. New York.

September 1, 1961.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., Southern Dist. of N. Y., New York City, Irvine Younger, Asst. U. S. Atty., New York City, of counsel, for the United States.

Maclay, Morgan & Williams, New York City, for defendant.

LEVET, District Judge.

The defendant moves to dismiss the indictment on the ground that the indictment as particularized by the bill of particulars does not state facts sufficient to constitute an offense against the United States within the meaning of Section 221, Title 13 of the United States Code.

The indictment is as follows:

"The Grand Jury charges: "On or about the 19th day of May, 1960, in the Southern District of New York, William...

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