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UNITED STATES v. BEST

Cr. No. 17666.

76 F.Supp. 138 (1948)

UNITED STATES v. BEST.

District Court, D. Massachusetts.

On Motion March 11, 1948.

Attorney(s) appearing for the Case

William T. McCarthy, U. S. Atty., and Gerald J. McCarthy, Asst. U. S. Atty., both of Boston, Mass., Theron L. Caudle, Asst. Atty. Gen., Clyde E. Gooch and Tom DeWolfe, Sp. Assts. to Atty. Gen., and Samuel C. Ely and Victor C. Woerheide, Sp. Attys., Dept. of Justice, both of Washington, D. C., for plaintiff.

Charles W. Bartlett, Brenton K. Fisk, and Henry M. Leen, all of Boston, Mass., for defendant.

On Motion for Discharge from Custody March 11, 1948.

FORD, District Judge.

The defendant has filed a motion under Rule 17(b), Federal Rules of Criminal Procedure, 18 U.S.C.A. following section 687, requesting that subpoenas issue to certain named witnesses to procure their attendance at the trial of his case. Most of these witnesses are aliens residing in a foreign country.

There is grave doubt that Rule 17 (b) permits the court to order subpoenas...

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