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UNITED STATES v. SIMON

186 F.Supp. 223 (1960)

UNITED STATES of America, Plaintiff, v. Frank SIMON and Benjamin Eisenman, doing business as Eastern School, Defendants.

United States District Court S. D. New York.

July 11, 1960.

Attorney(s) appearing for the Case

S. Hazard Gillespie, Jr., U. S. Atty., S. D. New York, New York City, for plaintiff; Lawrence P. McGauley, Asst. U. S. Atty., New York City, of counsel.

Garey & Garey, New York City, for defendants; John D. Roeder, Anthony J. Obadal, New York City, of counsel.

METZNER, District Judge.

The defendants move to dismiss the indictment or, in the alternative, particular counts of the indictment on the following grounds:

(1) Dismissal of all counts of the indictment because they do not state a crime against the United States.

(2) Dismissal of all counts of the indictment because the statutes and allegations are indefinite and uncertain and therefore do not inform the defendants of the crimes with which they are...

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