U.S. v. HEIGHTLAND

Crim. Nos. 87-12, 87-12-S.

678 F.Supp. 159 (1987)

UNITED STATES of America, Plaintiff, v. Arnold Ray HEIGHTLAND, et al., Defendants.

United States District Court, E.D. Kentucky, Pikeville Division.

December 17, 1987.


Attorney(s) appearing for the Case

Thomas L. Self, Trial Atty., William C. Brown, Asst. Trial Atty., U.S. Attys. Office, Lexington, Ky., for plaintiff.

Garis L. Pruitt, Richard Hughes, Pruitt & Mussetter, Catlettsburg, Ky., for Arnold Heightland.

Edwin J. Walbourn, III, Ashland, Ky., for Donnie Thornsbury.

Miller Kent Carter, Pikeville, Ky., for David Thornsbury.

George C. Howell, Ashland, Ky., for James D. Smith.


WILHOIT, District Judge.

This matter is before the Court upon defendants' motion for acquittal of Counts 1, 2, 3, and 4 pursuant to Crim.R. 29. Counsel made this motion orally at the conclusion of the government's case and was overruled in open court prior to the opening of the defendants' case. The legal issue at hand is whether an intrastate carrier, hauling coal for an interstate shipper, will come within the protection of 18 U.S.C. § 33. Thorough...

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