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UNITED STATES v. FULLER

51 F.Supp. 951 (1943)

UNITED STATES v. FULLER et al.

District Court, N. D. New York.

September 7, 1943.

Attorney(s) appearing for the Case

Irving J. Higbee, U. S. Atty., of Syracuse, N. Y. (Amos W. W. Woodcock, Sp. Asst. to Atty. Gen., of counsel), for Government.

Nathan H. Blitman, of Syracuse, N. Y. (Robert J. Fitzsimmons and John J. Mooney, both of New York City, of counsel), for defendants.

BRYANT, District Judge.

The defendants are charged by indictment with having conspired to violate Section 276b, 40 U.S.C.A. They demur and move to quash on the grounds that the indictment, on its face, is insufficient in law and does not state a cause of action.

Defendant Bird was the master mechanic of the contractor for the construction of the Syracuse Air Base, a public work of the United States. He was fully authorized to hire and discharge workers. Defendants...

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