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UNITED STATES v. JABEN

No. 21658.

224 F.Supp. 603 (1963)

UNITED STATES of America, Plaintiff, v. Edward JABEN, Defendant.

United States District Court W. D. Missouri, W. D

November 29, 1963.

Attorney(s) appearing for the Case

F. Russell Millin, U. S. Dist. Atty., Kansas City, Mo., William O'Conner, Stephen Koplan, Washington, D. C., for plaintiff.

Charles C. Shafer, Jr., Kansas City, Mo., for defendant.

JOHN W. OLIVER, District Judge.

This case pends on what counsel for the defendant has captioned a "Motion to Quash Indictment". In order that we deal with substance rather than form, we shall treat that motion as both a motion to dismiss filed pursuant to Rule 12, Rules of Criminal Procedure, and as a motion to strike surplusage filed pursuant to Rule 7(d) of the Rules of Criminal Procedure.

Rule 12(a) of the Rules of Criminal Procedure expressly abolished...

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