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UNITED STATES v. FMC CORP.

No. CR-75-172.

428 F.Supp. 615 (1977)

UNITED STATES of America, Plaintiff, v. FMC CORPORATION, Defendant.

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

March 18, 1977.

Attorney(s) appearing for the Case

Richard J. Arcara, U. S. Atty., Buffalo, N. Y. (Kenneth A. Cohen, Buffalo, N. Y., of counsel), for the Government.

Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo, N. Y. (Paul B. Zuydhoek, Buffalo, N. Y., of counsel), for defendant.

CURTIN, Chief Judge.

The Government indictment charges the defendant with thirty-six counts in violation of 16 U.S.C. § 703, the Migratory Bird Treaty Act.1 The indictment arises from the death of some ninety-two migratory birds found near a lagoon on property owned by the defendant. This case is presently before the court on three motions brought by the defendant, namely, to dismiss the...

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