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UNITED STATES v. POPE

189 F.Supp. 12 (1960)

UNITED STATES of America v. Fortune POPE and Anthony Pope, Defendants.

United States District Court S. D. New York.

October 27, 1960.

Attorney(s) appearing for the Case

S. Hazard Gillespie, Jr., U. S. Atty., New York City, Robert B. Fiske, Jr., Peter H. Morrison, New York City, of counsel, for United States.

Cahill, Gordon, Reindel & Ohl, New York City, John T. Cahill, Thomas C. Mason, Immanuel Kohn, New York City, of counsel, for defendants.

WEINFELD, District Judge.

These are motions by the defendants to dismiss a twelve-count indictment or, in the alternative, to strike portions thereof. Eleven counts charge substantive violations of the Securities Act of 1933 and the Securities Exchange Act of 1934, relating generally to misstatements or omissions of material facts in registration and proxy statements filed under the Acts and in proxy solicitations. One count charges a conspiracy to defeat the lawful...

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