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UNITED STATES v. APICELLA

Civ. A. No. 649-53.

148 F.Supp. 457 (1957)

UNITED STATES of America, Plaintiff, v. Thomas APICELLA, individually and t/a Fast Trucking Company, Defendant.

United States District Court D. New Jersey.

February 20, 1957.

Attorney(s) appearing for the Case

Chester A. Weidenburner, U. S. Atty., Newark, N. J., for plaintiff, by Barbara Morris, Asst. U. S. Atty., Newark, N. J.

Kristeller, Zucker, Lowenstein & Cohen, Newark, N. J., for defendant, by Saul J. Zucker, Newark N. J.

MODARELLI, District Judge.

Defendant moves to dismiss this action, relying upon an order of the United States Court of Appeals for the Third Circuit entered on January 7, 1957. The order vacated this court's judgment of March 16, 1956, based on a special jury verdict in favor of the Government. The cause was remanded to this court "to take such further proceedings as it may deem appropriate in the light of the opinion by the Supreme Court of the United States in United...

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