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U.S. v. McFADDEN

Criminal Action Nos. 98-03046-01CR, 98-03047-01CR.

71 F.Supp.2d 962 (1999)

UNITED STATES of America, Plaintiff, v. Kirk E. McFADDEN and Tony Nenninger, Defendant.

United States District Court, W.D. Missouri, Southern Division.

August 4, 1999.

Attorney(s) appearing for the Case

Thomas M. Larson, U.S. Attorney's Office, Kansas, MO, for U.S.

Federal Public Defender, Federal Public Defender's Office, Springield, MO, for Defendant.

ORDER

ENGLAND, United States Magistrate Judge.

Pending before the Court is defendants' supplemental motion to dismiss the two-count information against them.

Defendants assert that the regulations governing noncommercial assembly of 75 or more persons in the National Forest are facially unconstitutional because they allow the issuing officer unbridled discretion in imposing terms and conditions on the permit holder. Defendants specifically...

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