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UNITED STATES v. PILLON

No. 38045.

36 F.Supp. 567 (1941)

UNITED STATES v. PILLON et al.

District Court, E. D. New York.

January 28, 1941.

Attorney(s) appearing for the Case

Harold M. Kennedy, U. S. Atty., of Brooklyn, N. Y. (James D. Saver, Asst. U. S. Atty., of Brooklyn, N. Y., of counsel), for plaintiff.

Louis J. Castellano, of Brooklyn, N. Y., for defendant Carlo Gambino.

BYERS, District Judge.

The defendant Gambino seeks an order for a hearing preliminary to trial, such as was prescribed in Nardone v. United States, 308 U.S. 338, 60 S.Ct. 266, 268, 84 L.Ed. 307.

It sufficiently appears that two earlier indictments, charging the same conspiracy as in the pending cause, were dismissed without opposition by the United States Attorney, because the evidence upon which they were obtained involved...

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