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UNITED STATES v. ALBANESE

123 F.Supp. 732 (1954)

UNITED STATES v. ALBANESE et al.

United States District Court S. D. New York.

April 7, 1954.

Attorney(s) appearing for the Case

J. Edward Lumbard, U. S. Atty., New York City (Peter M. Brown, Asst. U. S. Atty., New York City, of counsel), for plaintiff.

Archibald Palmer, New York City, for defendants.

GODDARD, District Judge.

This is a motion by the defendants, Philip Albanese and Rosario Albanese,

(a) To dismiss Count 1 of indictment C 143-289 on the ground that it fails to charge offenses under Title 18 U.S.C.A. § 1001 and Title 26 U.S.C.A. § 371 [sic]

(b) To dismiss the said Count 1 on the ground that insofar as it charges a violation of Title 26 U.S.C.A. § 145(b), it is identical with the 4 counts charged in indictment C 142-126...

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