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UNITED STATES v. INTERNATIONAL MINERALS & CHEM. CORP.

No. 11616.

318 F.Supp. 1335 (1970)

UNITED STATES of America, Plaintiff, v. INTERNATIONAL MINERALS & CHEMICAL CORPORATION, Defendant.

United States District Court, S. D. Ohio, W. D.

Probable Jurisdiction Noted January 11, 1971.

Attorney(s) appearing for the Case

Simon L. Leis, Jr., Asst. U. S. Atty., Cincinnati, Ohio, for plaintiff.

Leonard D. Slutz, Nichols, Wood, Marx & Ginter, Cincinnati, Ohio, for defendant.

Probable Jurisdiction Noted January 11, 1971. See 91 S.Ct. 451.

MEMORANDUM OF DECISION AND ORDER

PORTER, District Judge.

There is pending for decision a motion to dismiss the five-count information which started this prosecution March 2, 1970. The motion is made pursuant to Rule 12(b) (2) F.R.Crim.P.

Title 18 U.S.C., section 834(a) commands the Interstate Commerce Commission (hereinafter I.C.C.) to formulate regulations for safe transportation...

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