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UNITED STATES v. PENINSULAR AND OCCIDENTAL STEAMSHIP CO.

208 F.Supp. 957 (1962)

UNITED STATES of America v. The PENINSULAR AND OCCIDENTAL STEAMSHIP COMPANY, Mac Gregor Shipping Company, Inc., Lester J. Bowman, John H. Faunce, Inc. and Vincent Wortman, Defendants.

United States District Court S. D. New York.

July 7, 1962.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty. for the Southern District of New York, for U. S. Richard A. Givens, New York City, of counsel.

Gerald H. Ullman, New York City, for John Faunce, Inc. and Vincent Wortman.

PALMIERI, District Judge.

This is a motion by defendants John H. Faunce, Inc. and Vincent Wortman to dismiss the second count of a two-count information filed on April 17, 1962, on the ground that the act alleged to have been committed by them did not constitute an offense.

The Second Count charges that:

"On or about the 27th day of October, 1960, in the Southern District of New York, JOHN H. FAUNCE, INC...

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