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UNITED STATES v. FREEMAN

No. CR-77-378 WHO.

443 F.Supp. 288 (1977)

UNITED STATES of America, Plaintiff, v. Edward FREEMAN, Sr., Oceanview-Merced-Ingleside Trucking Co., Thomas Lewis, Glinder Simpson and Bobby Darby, Defendants.

United States District Court, N. D. California.

December 27, 1977.

Attorney(s) appearing for the Case

G. William Hunter, U. S. Atty., David P. Bancroft, Asst. U. S. Atty., San Francisco, Cal., for plaintiff.

Marcus S. Topel, San Francisco, Cal., for defendants Freeman and Oceanview.

Doron Weinberg, Larson, Stang & Weinberg, San Francisco, Cal., for defendant Lewis.

James F. Hewitt, Federal Public Defender, William M. Goodman, Asst. Federal Public Defender, San Francisco, Cal., for defendant Simpson.

Anne Flower Cumings, Cumings, Jordan & Morgan, San Francisco, Cal., for defendant Darby.

OPINION

ORRICK, District Judge.

The motion to dismiss Count II of the indictment raises the question whether it is a crime under 18 U.S.C. § 641 to withhold from the United States and to convert to one's own use moneys which were privately earned through the improper application of federal grant funds. The Court finds that it is not and, accordingly, grants the motion.

I.

On June 23, 1977, defendant Edward Freeman, Sr. was indicted...

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