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UNITED STATES v. SEARS, ROEBUCK AND CO., INC.

No. CR 80-183-R.

518 F.Supp. 179 (1981)

UNITED STATES of America, Plaintiff, v. SEARS, ROEBUCK AND COMPANY, INC., Defendant.

United States District Court, C. D. California.

June 26, 1981.

Attorney(s) appearing for the Case

Asst. U. S. Atty. Frederick A. Jacobsen, Asst. U. S. Atty. Herbert B. Hoffman, Sp. Asst. U. S. Atty. Paul G. Gorman, Los Angeles, Cal., for plaintiff.

Stephen D. Miller, Beverly Hills, Cal., for defendant.

OPINION

REAL, District Judge.

Sears, Roebuck and Company, Incorporated (hereafter SEARS) has renewed its motion for dismissal of the indictment on the ground of prosecutorial misconduct in presentation of the matter to the Grand Jury.

Several reasons are given by SEARS warranting dismissal. They are:

1. Failure of the government to provide the Grand Jury available exculpatory evidence tending to negate the necessary criminal intent for violation...

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