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UNITED STATES v. HESKIN

Cr. No. 45824 and New Cr. No. 45850.

178 F.Supp. 123 (1959)

UNITED STATES of America v. John HESKIN, Defendant.

United States District Court E. D. New York.

June 30, 1959.

Attorney(s) appearing for the Case

Warren Max Deutsch, Glen Cove, N. Y., for petitioner-defendant John Heskin.

Cornelius W. Wickersham, Jr., U. S. Atty., for the E. D. New York, by Morton J. Schlossberg, Asst. U. S. Atty., Brooklyn, N. Y., for the United States.

BYERS, Chief Judge.

This is a motion for an order dismissing the complaint as being insufficient on its face, as based solely on hearsay and as violative of Rule 3, Fed. Rules Civ.Proc. 28 U.S.C.

The defendant relies upon Giordenello v. United States, 357 U.S. 480, 78 S.Ct. 1245, 1247, 2 L.Ed.2d 1503.

That case has been examined and is found not to be in point in that probable cause was not shown in the complaint. That...

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