District Court, S.D. New York July 7, 1962 (United States v. Peninsular and Occidental Steamship Co.)

PALMIERI, District Judge.

This is a motion by defendants John-H. Faunce, Inc. and Vincent Wortman to dismiss the second count of a two-count information'filed on April 17, 1962, on the ground that the act alleged to have' been committed by them did not constitute an offense.

The Second Count charges that:

“On or about the 27th day of October, 1960, in the Southern District . of New York, JOHN H.