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UNITED STATES v. KAPLAN

Civ. A. No. 3509.

150 F.Supp. 577 (1955)

UNITED STATES of America v. Hyman KAPLAN.

United States District Court D. Connecticut.

Order Reopening Ruling May 4, 1956.

Attorney(s) appearing for the Case

Simon S. Cohen, U. S. Atty., Hartford, Conn., for the United States.

Samuel Gruber, Stamford, Conn., Catherine G. Roraback, New Haven, Conn., for defendant.

ANDERSON, District Judge.

The defendant's motion to dismiss pre-supposes that the filing of an affidavit is a jurisdictional prerequisite. Judge Hincks ruled upon this question in this case in his memorandum of April 29, 1952, and his reasoning is adopted here in ruling on the present motion. The defendant relies upon the case of United States v. Zucca, D.C., 125 F.Supp. 551, to support his contention. While in that case in a...

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