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UNITED STATES v. TOBIN PACKING CO., INC.

No. 72-CR-257.

362 F.Supp. 1127 (1973)

UNITED STATES of America v. TOBIN PACKING CO., INC., Defendant.

United States District Court, N. D. New York.

August 9, 1973.

Attorney(s) appearing for the Case

James M. Sullivan, Jr., U. S. Atty., Syracuse, N. Y., for plaintiff; George H. Lowe, Asst. U. S. Atty., of counsel.

DeGraff, Foy, Conway & Holt-Harris, Albany, N. Y., for defendant; John Carter Rice, Albany, N. Y., of counsel.

MEMORANDUM-DECISION AND ORDER

JAMES T. FOLEY, Chief Judge.

I.

Defendant, the Tobin Packing Co., Inc., is charged in the instant indictment with fifty (50) counts of violating § 13 of the Rivers and Harbors Act of 1899, 33 U.S.C. § 401 et seq. In a single motion the following relief is sought: (1) Dismissing the indictment as insufficient, or in the alternative dismissing 49 counts; (2) directing...

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