Legal Opinion

Mowers v. United States Attorney General

District Court, S.D. New York

Decided March 25, 1969No. 68 Civ. 4162PublishedCited by 1 opinion

1Opinion of the Court

OPINION

EDELSTEIN, District Judge.

This is an action for a declaratory judgment brought under 28 U.S.C. § 2201 in which the plaintiff seeks to have 18 U.S.C. § 371, a section generally deeming conspiracies to commit offenses against the United States punishable, declared unconstitutional essentially on the ground that it does not specifically command that when an alleged co-conspirator testifies for the government the prosecution must reveal at trial any kind of reward that was offered as an inducement for that testimony. A mandatory injunction against the enforcement of 18 U.S.C. § 371 is also…

2Cases cited9 opinions

  1. Maryland Casualty Co. v. Pacific Coal & Oil Co.Supreme Court of the United States · 1941
  2. Public Serv. Comm'n of Utah v. Wycoff Co.Supreme Court of the United States · 1952
  3. Katzenbach v. McClungSupreme Court of the United States · 1964
  4. United States v. John Christopher DoyleCourt of Appeals for the Second Circuit · 1965
  5. Clark v. MemoloCourt of Appeals for the D.C. Circuit · 1949

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3Cited by1 opinion

  1. Grayson ex rel. Grayson v. EisenstadtDistrict Court, D. Massachusetts · 1969

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