United States v. FMC Corp.

CURTIN, Chief Judge.

The Government indictment charges the defendant with thirty-six counts in violation of 16 U.S.C. § 703, the Migratory Bird Treaty Act; 1 The indictment arises from the death of some ninety-two migratory birds found near a lagoon on property owned by the defendant. This case is presently before the court on three motions brought by the defendant, namely, to dismiss the indictment, to suppress certain evidence acquired by New York State officials, and to grant a jury trial.

At a court hearing on December 21,1976, attorneys for both parties made presentations to the court. At…