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UNITED STATES v. HIGGINS

No. Cr 81-00020-01-02-L.

511 F.Supp. 453 (1981)

UNITED STATES of America, Plaintiff, v. Jon J. HIGGINS, Luther Albert James, Defendants.

United States District Court, Western Dist. of Kentucky, Louisville Division.

March 27, 1981.

Attorney(s) appearing for the Case

John L. Smith, U. S. Atty., Louisville, Ky., for plaintiff.

Frank E. Haddad, Jr., Samuel Manly, J. Tim McCall, Louisville, Ky., for defendants.

MEMORANDUM OPINION

JOHNSTONE, District Judge.

This action is before the Court on the defendants' joint motion to dismiss the indictment. For the reasons which follow, the motion must be granted.

The Court's task in considering the motion to dismiss is to determine whether the allegations of the indictment, when accepted as true, are legally sufficient to state an offense. United States v. Sampson, 371 U.S. 75

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