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UNITED STATES v. COPLON

88 F.Supp. 915 (1950)

UNITED STATES v. COPLON et al.

United States District Court S. D. New York.

January 9, 1950.

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.

Defendant Gubitchev moves to dismiss the indictment against him on the grounds that the court is without jurisdiction over him by reason of his diplomatic immunity and that exclusive jurisdiction of this cause is vested in the Supreme Court of the United States, under 28 U.S.C.A. § 1251. The latter contention was considered sua sponte and rejected by Judge Rifkind in a well-reasoned opinion. D.C., 84 F.Supp. 472...

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