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UNITED STATES v. ST. PIERRE

Cr. 83-50028-01.

578 F.Supp. 1424 (1983)

UNITED STATES of America, Plaintiff, v. Mark ST. PIERRE, Defendant.

United States District Court, D. South Dakota, W.D.

September 2, 1983.

Attorney(s) appearing for the Case

Philip Hogen, U.S. Atty., Sioux Falls, S.D., Ted McBride, Asst. U.S. Atty., Rapid City, S.D., for plaintiff.

James Leach, Rapid City, S.D., for defendant.

MEMORANDUM ORDER

BOGUE, Chief Judge.

What is a bird? Although obviously oversimplified, this question requires an answer in this case. Defendant is charged with a violation of the Migratory Bird Treaty Act (MBTA), 16 U.S.C.A. Sections 703-711. Defendant has moved this Court for its order dismissing the Indictment or, alternatively, directing that the Indictment charges a misdemeanor.

I.

The Indictment charges:

On or about the 23rd...

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