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UNITED STATES v. COMMODORE CLUB, INC.

Crim. No. 5-80037.

418 F.Supp. 311 (1976)

UNITED STATES of America, Plaintiff, v. COMMODORE CLUB, INC., et al., Defendants.

United States District Court, E. D. Michigan, S. D.

April 27, 1976.

Attorney(s) appearing for the Case

Harold Z. Gurewitz, Asst. U. S. Atty., Detroit, Mich., for plaintiff.

Raymond A. Ballard, Detroit, Mich., for defendants.

OPINION OF THE COURT

PHILIP PRATT, District Judge.

I.

PROCEDURAL BACKGROUND

This case was brought as a criminal prosecution against the named corporate and individual defendants on an indictment charging them with violating § 403 of the Rivers and Harbors Act of 1899,1 which is punishable as a misdemeanor under § 406 of that Act. Section 403 states, in part:

"The creation of any obstruction...

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