UNITED STATES v. WALLACE & TIERNAN, INC.

No. 19154.

349 F.2d 222 (1965)

UNITED STATES of America, Appellant, v. WALLACE & TIERNAN, INC., Robert T. Conner, Charles E. Hough, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided June 23, 1965.


Attorney(s) appearing for the Case

Mr. David C. Acheson, U. S. Atty., with whom Messrs. Frank Q. Nebeker, Asst. U. S. Atty., and James W. Knapp, Atty., Dept. of Justice, were on the brief, for appellant. Messrs. John A. Terry and Jerome Nelson, Asst. U. S. Attys., also entered appearances for appellant.

Mr. Frederick B. Lacey, Washington, D. C., with whom Messrs. Harry Tyson Carter and Jerome K. Kuykendall, Washington, D. C., were on the brief, for appellees Wallace & Tiernan and Charles E. Hough.

Mr. B. L. Colton, Jr., Washington, D. C., for appellee Conner. Mr. Nicholas J. Chase, Washington, D. C., also entered an appearance for appellee Conner.

Before DANAHER, BURGER and McGOWAN, Circuit Judges.


PER CURIAM.

Appellees were indicted for violations of 18 U.S.C. § 1001.1 Following their arraignment, at which they entered pleas of not guilty, appellees sought to have the indictment dismissed on the ground, among others, that the grand jury that returned it had not been convened in compliance with Section 2306 of Title 11 of the District of Columbia Code (Supp. IV, 1965) and that, therefore, its actions were a nullity The District...

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