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UNITED STATES v. COPLON

88 F.Supp. 912 (1949)

UNITED STATES v. COPLON et al.

United States District Court S. D. New York.

December 16, 1949.

Attorney(s) appearing for the Case

Irving H. Saypol, United States Attorney, New York City, Attorney for plaintiff, John M. Kelley, Jr., Raymond P. Whearty and Fred E. Strine, Special Assistants to the Attorney General, of counsel.

Archibald Palmer, New York City, attorney for defendant Coplon.

Pomerantz, Levy, Schreiber & Haudek, New York City, attorneys for defendant Gubitchev, Abraham L. Pomerantz, New York City, of counsel.

RYAN, District Judge.

Defendants move to dismiss the first count of the indictment returned herein for the following reasons:

"1. That the last subdivision of Section 794 was intended to replace the general conspiracy statute contained in Section 371, Title 18 U.S.C.A., and that therefore the defendants cannot be charged with a violation of Section 371, as charged in the indictment; or, in the alternative.

"2. The first count charges therein more than...

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