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UNITED STATES v. ZHENG

No. 84-5693.

768 F.2d 518 (1985)

UNITED STATES of America, Appellant, v. Da-Chuan ZHENG, Kuang-Shin Lin, Jing-Li Zhang, David Tsai, Allen Yeung, Appellees.

United States Court of Appeals, Third Circuit.

Decided July 19, 1985.

Rehearing and Rehearing Denied August 27, 1985.

Attorney(s) appearing for the Case

Robert J. Fettweis, Asst. U.S. Atty. (argued), W. Hunt Dumont, U.S. Atty., Newark, N.J., for appellant.

Robert E. Margulies (argued), Margulies, Margulies & Wind, Jersey City, N.J., for appellee Kuang-Shin Lin.

John B. Livelli (argued), Robinson, Wayne, Levin, Riccio & La Sala, Newark, N.J., for appellee Da-Chuan Zheng.

Susan V. Tipograph (argued), New York City, for appellee Jing-Li Zhang.

Before SEITZ, WEIS and ROSENN, Circuit Judges.

Rehearing and Rehearing In Banc Denied August 27, 1985.

OPINION OF THE COURT

WEIS, Circuit Judge.

The government contends that in dismissing an indictment the district court adopted an unduly restrictive definition of the word "items." The term appears in a statute that requires the President to designate "items" to be included on a list of defense articles whose sale and exportation are restricted. We conclude that the list as prepared by the Executive...

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