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UNITED STATES v. GROSSMAN

Nos. 77-2565, 77-2566.

608 F.2d 534 (1979)

UNITED STATES of America, Appellee, v. Irwin I. GROSSMAN, Appellant. UNITED STATES of America, Appellee, v. Otis Randolph YOUNG, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 26, 1979.

Attorney(s) appearing for the Case

Robert A. Shupack, North Miami Beach, Fla., William S. Rose, Jr., Charlotte, N. C. (Kathryn K. Hatfield, Greensboro, N. C., on brief), for appellants.

Phillip G. Kelley, Asst. U. S. Atty., Charlotte, N. C. (Harold M. Edwards, U. S. Atty., Asheville, N. C., and Wayne C. Alexander, Asst. U. S. Atty., Charlotte, N. C., on brief), for appellee.

Before RUSSELL, Circuit Judge, FIELD, Senior Circuit Judge, and WIDENER, Circuit Judge.

FIELD, Senior Circuit Judge:

Irwin I. Grossman and Otis Randolph Young were charged with conspiracy under 18 U.S.C. § 371 to maliciously damage and destroy by means of an explosive device a Link-Belt LS-4000 hydraulic excavator (backhoe), used in an activity affecting interstate commerce, in violation of 18 U.S.C. § 844(i).1

Grossman moved to dismiss the indictment for lack of jurisdiction of the federal district court...

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