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UNITED STATES v. COSTELLO

142 F.Supp. 325 (1955)

UNITED STATES of America v. Frank COSTELLO.

United States District Court S. D. New York.

December 9, 1955.

Attorney(s) appearing for the Case

Paul W. Williams, U. S. Atty. for Southern Dist. of New York., New York City, Alfred Peter O'Hara, Asst. U. S. Atty., New York City, of counsel, for plaintiff.

Jack Wasserman, Washington, D. C., and George Wolf, New York City, for defendant.

DAWSON, District Judge.

This is a motion to dismiss this action on the grounds that (1) the plaintiff did not file an affidavit of good cause pursuant to 8 U.S.C. § 7381 at the time of filing the complaint herein or within a reasonable time thereafter, and (2) the affidavit of good cause filed herein is insufficient.

The complaint in the action was filed on October 22, 1952. The papers submitted on this motion show that at...

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