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UNITED STATES v. FMC CORP.

No. 408, Docket 77-1372.

572 F.2d 902 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. FMC CORPORATION, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 23, 1978.

Attorney(s) appearing for the Case

Kenneth A. Cohen, Asst. U. S. Atty. for the Western District of New York, Buffalo, N. Y. (Richard J. Arcara, U. S. Atty. for the Western District of New York, Buffalo, N. Y., of counsel), for plaintiff-appellee.

Paul B. Zuydhoek, Buffalo, N. Y. (Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo, N. Y., of counsel), for defendant-appellant.

Before MOORE and GURFEIN, Circuit Judges, BONSAL, District Judge.

MOORE, Circuit Judge:

This is an appeal from a judgment of conviction entered after a jury trial against FMC Corporation ("FMC"), for violation of the Migratory Bird Treaty Act, by killing 92 migratory birds in violation of 16 U.S.C. § 703. The jury convicted defendant FMC of 18 counts of the 36 counts in the indictment.

The indictment charged that FMC between April 23, 1975 and June 25, 1975 (exact dates unknown) "did unlawfully by means of toxic and...

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