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U.S. v. ITT BLACKBURN CO., DIV. OF ITT

No. 86-2388.

824 F.2d 628 (1987)

UNITED STATES of America, Appellee, v. ITT BLACKBURN CO., A DIVISION OF ITT, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 20, 1987.

Rehearing Denied September 21, 1987.

Attorney(s) appearing for the Case

Edwin A. Kilburn, New York City, Kevin F. O'Malley, St. Louis, Mo., for appellant.

Timothy J. Wilson, Asst. U.S. Atty., St. Louis, Mo., for appellee.

Before ARNOLD and MAGILL, Circuit Judges; and DUMBAULD, Senior District Judge.

MAGILL, Circuit Judge.

This case, which arises out of shipments of materials to Iran in violation of President Carter's 1980 trade embargo, raises questions concerning the intended target of a grand jury indictment. Specifically, we must decide whether ITT Corporation (ITT) was properly made a defendant pursuant to an indictment naming ITT Blackburn Company (Blackburn), an unincorporated division of ITT. We conclude that ITT was improperly brought into court under...

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