UNITED STATES v. BRETHAUER

No. 5750.

214 F.Supp. 820 (1963)

UNITED STATES of America, Plaintiff, v. George Edwin BRETHAUER, Defendant.

United States District Court W. D. Missouri, S. D.

March 21, 1963.


Attorney(s) appearing for the Case

F. Russell Millin, U. S. Dist. Atty., William Kitchen, Asst. U. S. Atty., for plaintiff.

William A. Wear, Springfield, Mo., for defendant.


JOHN W. OLIVER, District Judge.

This case pends on defendant's motion to dismiss all three counts of the indictment, each of which, involving different years, is based on Section 1001 of Title 18, United States Code. Defendant contends that none of the counts allege a violation of the statute.

In support of defendant's motion it is suggested that (1) the alleged false statement, as set forth in each count of the indictment, is not a statement of "material...

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