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UNITED STATES v. CORBIN FARM SERV.

No. 78-1286.

578 F.2d 259 (1978)

UNITED STATES of America, Plaintiff-Appellant, v. CORBIN FARM SERVICE, Patrick William Feeney, Frank Harry Michaud, Jr., and John Richard Harris, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

July 12, 1978.

Attorney(s) appearing for the Case

Richard W. Nichols, Chief Asst. U. S. Atty., Sacramento, Cal., for plaintiff-appellant.

Donald Cole Byrd (argued), Willows, Cal., for defendants-appellees.

Before BROWNING, CARTER and ANDERSON, Circuit Judges.

PER CURIAM.

This is an appeal by the United States from a judgment of the district court dismissing nine counts of an information filed against defendants for multiplicity. The sole issue is whether the proper unit of prosecution for the killing of ducks under the Migratory Bird Treaty Act (MBTA), 16 U.S.C. §§ 703 et seq., is each duck killed. The district court ruled that multiple bird deaths resulting from a single transaction cannot be separately...

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