UNITED STATES v. THEVIS

Crim. A. No. Cr. 78-180A.

474 F.Supp. 134 (1979)

The UNITED STATES of America v. Michael G. THEVIS, Global Industries, Inc., Fidelity Equipment Leasing Corp., William Ross Mahar, Anna Jeanette Evans and Alton Bart Hood.

United States District Court, N. D. Georgia, Atlanta Division.

August 7, 1979.


Attorney(s) appearing for the Case

William L. Harper, U. S. Atty., Dorothy Y. Kirkley, Craig A. Gillen, Asst. U. S. Attys., Atlanta, Ga., for plaintiff.

Bobby Lee Cook, Cook & Palmour, Summerville, Ga., for Thevis.

Edward T. M. Garland, Garland, Kadish & Nuckolls, Atlanta, Ga., for Global and Fidelity.

Austin E. Catts, Atlanta, Ga., for Evans.

Dean Grindle, Jr., Atlanta, Ga., for Hood.


ORDER

HAROLD L. MURPHY, District Judge.

Defendant Michael G. Thevis has moved to dismiss Counts I and II of the indictment. All defendants have adopted his motion. In support of the motion, the defendant advances four arguments: (1) the counts must be dismissed for failure to state a claim; (2) the counts are based on a statute which is unconstitutional both facially and as applied; (3) paragraphs six and seven which seek forfeiture must be dismissed as...

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