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U.S. v. SUPERIOR GROWERS SUPPLY, INC.

No. 92-1087.

982 F.2d 173 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. SUPERIOR GROWERS SUPPLY, INCORPORATED; Jeffrey A. Gibson; Christopher D. Schneider; Derick Hall, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided December 11, 1992.

Attorney(s) appearing for the Case

John C. Bruha (argued and briefed), Office of the U.S. Atty., Grand Rapids, MI, for plaintiff-appellant.

James S. Brady (argued and briefed), Grand Rapids, MI, for Superior Growers Supply, Inc., Jeffrey A. Gibson.

Larry C. Willey, Grand Rapids, MI, for Christopher D. Schneider.

J. Terrance Dillon, Dykema, Gossett, Spencer, Goodnow & Trigg, Grand Rapids, MI, for Derick Hall.

Before: NELSON, NORRIS, and SUHRHEINRICH, Circuit Judges.

SUHRHEINRICH, Circuit Judge.

This case presents the novel question of whether an indictment charging defendants, a garden supply store, its owners and an employee, with "conspiracy to aid and abet the manufacture of marijuana" states a crime where it does not allege that the alleged aiding and abetting actually furthered the manufacture of marijuana. The district court dismissed the indictment for failing to allege an illegal...

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