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U.S. v. HAYWARD

No. 91 CR 25.

764 F.Supp. 1305 (1991)

UNITED STATES of America, Plaintiff, v. Kenneth Thomas HAYWARD, and William Bradford Krause, Jr., Defendants.

United States District Court, N.D. Illinois, E.D.

May 28, 1991.

Attorney(s) appearing for the Case

Fred Foreman, U.S. Atty., by Stephen P. Sinnott, Asst. U.S. Atty., Chicago, Ill., Gerard V. Hogan, Trial Atty., Civil Rights Div., U.S. Dept. of Justice, Washington, D.C., for plaintiff.

George P. Lynch, George P. Lynch, Ltd., Chicago, Ill., for defendant Hayward.

Leland Shalgos, Chicago, Ill., for defendant Krause.

ORDER

BUA, District Judge.

On the eve of trial, defendants Hayward and Krause move to dismiss Count Four of the indictment.1 Count Four charges that defendants, aiding and abetting each other and others, used fire to commit the offense of Conspiracy Against Rights (18 U.S.C. § 241) in violation of 18 U.S.C. § 844(h)(1). As grounds for their motion to dismiss, defendants assert that the indictment is multiplicitous in...

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