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UNITED STATES v. LUXON

No. 5351.

166 F.Supp. 25 (1958)

UNITED STATES of America, Plaintiff, v. Robert LUXON, Joe Adams, Home Loose Leaf Tobacco Warehouse, Inc., Defendants.

United States District Court E. D. Kentucky.

September 19, 1958.

Attorney(s) appearing for the Case

Henry J. Cook, U. S. Atty., Lexington, Ky., Jean L. Auxier, Asst. U. S. Atty., Pikesville, Ky., for plaintiff.

Chenault & Coy, James S. Chenault, Charles R. Coy, Richmond, Ky., for defendants.

HIRAM CHURCH FORD, Chief Judge.

By motion to dismiss, the defendants challenge the validity of the four-count indictment in this case upon the ground that it "does not state facts sufficient to constitute an offense by the defendants, or any of them, against the United States." While the motion to dismiss upon its face appears to be directed to all four counts of the indictment, briefs filed by defendants in support of their motion direct their contentions only to...

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