MOSCOWITZ, District Judge.
The defendant moves to dismiss the indictment containing two counts, which charges the violation of title 18, United States Code, § 338 (18 U.S.C.A. § 338).
The first count charges that the defendant devised a scheme to defraud his prospective creditors and to obtain property and credit from them by means of false representations whereby the scheme of the defendant would obtain property and credit from his creditors by...
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