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UNITED STATES v. BLUMBERG

Cr. No. 17963.

136 F.Supp. 269 (1955)

UNITED STATES of America v. Dr. Albert Emanuel BLUMBERG.

United States District Court E. D. Pennsylvania.

December 12, 1955.

Attorney(s) appearing for the Case

W. Wilson White, Philadelphia, Pa., David H. Harris, Washington, D. C., for the United States.

Thomas D. McBride, Michael von Moschzisker, Philadelphia, Pa., for defendant.

KRAFT, District Judge.

The defendant, indicted October 6, 1954 for violation of the membership clause of the Smith Act,1 has moved for dismissal of the indictment2 upon several grounds.

The first contention made in defendant's brief is that, even if there were no Bill of Rights, Congress lacked power constitutionally to enact the membership clause of the Smith Act. This question was not raised by the...

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