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U.S. v. DURKEE FAMOUS FOODS

No. 309.

306 U.S. 68 (1939)

59 S.Ct. 456

83 L.Ed. 492

UNITED STATES v. DURKEE FAMOUS FOODS, INC.

Supreme Court of United States.

Decided January 30, 1939.

Attorney(s) appearing for the Case

Mr. Elmer B. Collins, with whom Solicitor General Jackson, Assistant Attorney General Arnold, and Messrs. N.A. Townsend and W. Marvin Smith were on the briefs, for the United States.

Messrs. Frank M. Swacker and Roger Hinds, with whom Messrs. Albert C. Wall, Thomas G. Haight, John A. Hartpence, and Mason Trowbridge were on the briefs, for appellees.

MR. JUSTICE McREYNOLDS delivered the opinion of the Court.

The identical questions involved in these three cases require consideration of the Act December 27, 1927, (ch. 6, 45 Stat. 51, U.S.C. Title 18 § 582) which prescribes a three year limitation for offenses not capital; also the Act May 10, 1934 (ch. 278, 48 Stat. 772, U.S.C. Title 18 § 587) which specifies the time during which a new indictment may be returned after the first is found to be defective...

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