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UNITED STATES v. GREEN

No. 72-1528.

471 F.2d 775 (1972)

UNITED STATES of America, Plaintiff-Appellant, v. Phillip Marcel GREEN, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 20, 1972.

Attorney(s) appearing for the Case

John O. Olson, U. S. Atty., James Mack, James M. Bablitch, Asst. U. S. Attys., Madison, Wis., for plaintiff-appellant.

Richard B. Surges, Milwaukee, Wis., for defendant-appellee.

Before SWYGERT, Chief Judge, CASTLE, Senior Circuit Judge, and MORGAN, District Judge.

CASTLE, Senior Circuit Judge.

Defendant-appellee Phillip Marcel Green was indicted on February 10, 1971 for making a false statement to a licensed firearms dealer with respect to a material fact concerning the lawfulness of the sale of a firearm to him, in violation of 18 U.S.C. § 922(a) (6) (1970). The district court granted the defendant's motion to dismiss the indictment because it failed to allege that the firearm purchased by Green had been shipped in interstate...

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