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UNITED STATES v. McDONALD

Crim. A. No. H-81-132.

553 F.Supp. 1003 (1983)

UNITED STATES of America, Plaintiff, v. James E. McDONALD, Defendant.

United States District Court, S.D. Texas, Houston Division.

January 5, 1983.

Attorney(s) appearing for the Case

George A. Kelt, Jr., Asst. U.S. Atty., Daniel K. Hedges, U.S. Atty., Houston, Tex., for plaintiff.

Roger B. Greenberg, Mark S. Finkelstein, Houston, Tex., for defendant.

MEMORANDUM OPINION AND ORDER

McDONALD, District Judge.

Introduction

On August 31, 1981, defendant was indicted for willfully participating in a strike against the United States on August 3, 1981, in violation of Section 7311 of Title 5, United States Code.1 On September 16, 1982, defendant moved to dismiss the indictment. Having determined that defendant had made a threshold showing of selective prosecution,...

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