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UNITED STATES v. SCHAIER

175 F.Supp. 838 (1959)

UNITED STATES of America v. Hermann SCHAIER, Defendant.

United States District Court S. D. New York.

July 2, 1959.

Attorney(s) appearing for the Case

S. Hazard Gillespie, Jr., U. S. Atty., Southern District of New York, New York City, for the United States. John C. Lankenau, Asst. U. S. Atty., New York City, of counsel.

Spar, Schlem & Burroughs, New York City, for defendant. Leon B. Savetsky, New York City, of counsel.

DIMOCK, District Judge.

Defendant moves to dismiss count 2 of the indictment as failing to state a crime. That count charges that defendant, an employee of the Immigration Service, solicited additional fees "in a proceeding relating to naturalization, citizenship and the registry of aliens, to wit applications of one Paul Melamed, and his wife Danitza Melamed for the adjustment and change of their non-immigrant status in the United States to permanent resident status...

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