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U.S. v. VAN FOSSAN

No. 89-3102.

899 F.2d 636 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Harvey W. VAN FOSSAN, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 9, 1990.

Attorney(s) appearing for the Case

Byron G. Cudmore, Asst. U.S. Atty., Office of the U.S. Atty., Springfield, Ill., for plaintiff-appellee.

Thomas R. Appleton, Morse, Giganti & Appleton, Springfield, Ill., for defendant-appellant.

Before CUMMINGS, POSNER and EASTERBROOK, Circuit Judges.

EASTERBROOK, Circuit Judge.

This case is for the birds: migratory birds, protected by the Migratory Bird Treaty Act, 16 U.S.C. §§ 703-11. Springfield's city fathers concluded that too many pigeons were congregating at a vacant lot near Harvey Van Fossan's home, and they told him to get rid of them. He did, first by shooting them and then, to take care of the nimble ones, by spreading corn and wheat suffused with strychnine. Two common grackles and two mourning...

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