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U.S. v. DEL PERCIO

No. G86-94 CR.

657 F.Supp. 849 (1987)

UNITED STATES of America, Plaintiff, v. Jude G. DEL PERCIO, Indiana and Michigan Electric Company, a corporation, and American Electric Power Service Corporation, a corporation, Defendants.

United States District Court, W.D. Michigan, S.D.

March 20, 1987.

Attorney(s) appearing for the Case

John A. Smietanka, U.S. Atty., Grand Rapids, Mich., Barry Blyveis, Criminal Div., U.S. Dept. of Justice, Washington, D.C., for U.S.

Larry C. Willey, Local Counsel, Grand Rapids, Mich., J. Patrick Hickey and Gerald Charnoff, Thomas C. Hill, Shaw Pittman Potts & Trowbridge, Washington, D.C., for Del Percio.

Dennis C. Kolenda, Grand Rapids, Mich., J. Patrick Hickey and Gerald Charnoff, Thomas C. Hill, Shaw Pittman Potts & Trowbridge, Washington, D.C., for Indiana and Michigan Elec. Co. and American Elec. Power Service Corp.

OPINION GRANTING DEFENDANTS' MOTION TO DISMISS

HILLMAN, Chief Judge.

On September 10, 1987, the government filed a nine count indictment against Jude G. Del Percio, Indiana and Michigan Electric Company ("IMECo"), and American Electric Power Service Corporation ("AEPSC"). Count One alleges that defendants, in a letter dated March 27, 1981, knowingly submitted false statements to the Nuclear Regulatory Commission ("NRC") concerning the fire protection regulation...

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