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UNITED STATES v. GRAY

Cr. Nos. 1665-49, 1669-49, 1670-49, 1675-1682-49.

87 F.Supp. 436 (1949)

UNITED STATES v. GRAY et al.

United States District Court District of Columbia.

December 16, 1949.

Attorney(s) appearing for the Case

Curtis P. Mitchell, of Washington, D. C., for the defendants, for the motion.

George Morris Fay, United States Attorney, and C. Frank Reifsnyder, Assistant United States Attorney, both of Washington, D. C., opposed.

HOLTZOFF, District Judge.

The defendant moves to dismiss the indictment on the ground that he was deprived of a preliminary hearing before the United States Commissioner by reason of the fact that the Commissioner continued the hearing at the Government's request on more than one occasion, and in the meantime the United States Attorney presented the matter to the Grand Jury which found the indictment that is the subject matter of this motion.

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