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. *958FAUNCE, INC. and VINCENT WORTMAN, an officer, agent and employee thereof, defendants, unlawfully, wilfully and knowingly did obtain and attempt to obtain transportation by water in foreign commerce for…