MEMORANDUM OPINION, FINDINGS, CONCLUSIONS AND ORDER
NEESE, District Judge.
The defendant Mr. Bollin made at trial an untimely, Rule 12(c), F.R.Crim.P., oral motion for a dismissal of the indictment herein on the ground of the presence of a defect in the institution of this prosecution, Rule 12(b)(1), F.R.Crim.P. That defect was alleged to be the delay from April 6, 1981
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