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U.S. v. McDOUGAL

No. LR-CR-75-173.

906 F.Supp. 494 (1995)

UNITED STATES of America v. James B. McDOUGAL, Jim Guy Tucker, and Susan H. McDougal.

United States District Court, E.D. Arkansas, Western Division.

October 25, 1995.

Attorney(s) appearing for the Case

Kenneth W. Starr, W. Ray Jahn, Bradley E. Lerman, Amy J. St. Eve, Office of the Independent Counsel, Little Rock, AR, for plaintiff.

Sam T. Heuer, Little Rock, AR, for James McDougal.

William H. Sutton, Friday, Eldredge & Clark, Little Rock, AR, George B. Collins, Collins & Bargione, Chicago, IL, James J. Lessmeister, Arnold, Grobmyer & Haley, Little Rock, AR, for Jim Guy Tucker.

Bobby McDaniel, Jonesboro, AR, Jenniffer Horan, Federal Public Defender, Little Rock, AR, for Susan McDougal.

MEMORANDUM OPINION AND ORDER

GEORGE HOWARD, Jr., District Judge.

Defendant Jim Guy Tucker has moved to dismiss the indictment for the alleged reason that the United States Congress rendered the Ethics in Government Act of 1987 unconstitutional by enacting the Independent Counsel Reauthorization Act of 1994, which revises § 596(b)(2) (28 U.S.C. § 596(b)(2)) and § 594(l)(2)) (28 U.S.C. § 594(l)(2)) of the Act of 1987...

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