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UNITED STATES v. PRESTON TRUCKING CO.

No. CR 72-300.

364 F.Supp. 515 (1973)

UNITED STATES of America, Plaintiff, v. PRESTON TRUCKING CO., Defendant.

United States District Court, N. D. Ohio, E. D.

September 24, 1973.

Attorney(s) appearing for the Case

John P. Berena, Asst. U. S. Atty., Cleveland, Ohio, for plaintiff.

Daniel W. Hammer, Thompson, Hine & Flory, Cleveland, Ohio, for defendant.

MEMORANDUM OPINION AND ORDER

LAMBROS, District Judge.

Defendant is moving for leave to withdraw its plea of nolo contendere to eight counts of an information charging improper assessment of tariffs in violation of 49 U.S.C. §§ 317(b) and 322(c). The basis of defendant's motion is that, because it later lost a civil suit based on issues related to the charges in the criminal cases, it would be manifestly unjust not to permit it to withdraw its plea...

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