United States v. Itt Blackburn Co., a Division of Itt

MAGILL, Circuit Judge.

This case, which arises out of shipments of materials to Iran in violation of President Carter’s 1980 trade embargo, raises questions concerning the intended target of a grand jury indictment. Specifically, we must decide whether ITT Corporation (ITT) was properly made a defendant pursuant to an indictment naming ITT Blackburn Company (Blackburn), an unincorporated division of ITT. We conclude that ITT was improperly brought into court under the terms of the indictment, and accordingly we reverse the judgment of the district court.

I. FACTS.

Appellant ITT1 is a…