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UNITED STATES v. CLEARY

164 F.Supp. 328 (1958)

UNITED STATES of America v. Richard A. CLEARY et al., Defendants.

United States District Court S. D. New York.

July 21, 1958.

Attorney(s) appearing for the Case

Paul W. Williams, U. S. Atty., Southern Dist. of New York, New York City, for United States, George C. Mantzoros, Asst. U. S. Atty., New York City, of counsel.

Leonard Maran, New York City, for defendant, Richard A. Cleary.

FREDERICK van PELT BRYAN, District Judge.

Defendant Cleary is charged, in three counts of a five-count indictment against him and others, with stealing from the United States mails in violation of 18 U.S.C. § 1708 and conspiracy so to do. He pleaded not guilty. He now moves to dismiss the indictment as against him upon the ground that it was secured in violation of his rights under the Fifth Amendment to the Constitution. In essence, he claims that he was compelled...

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