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UNITED STATES v. LIPPI

Crim. A. No. 1269.

193 F.Supp. 441 (1961)

UNITED STATES of America v. August J. LIPPI.

United States District Court D. Delaware.

April 19, 1961.

Attorney(s) appearing for the Case

Daniel H. Jenkins, U. S. Atty., Phillip H. Williams, Asst. U. S. Atty., of Middle Dist. of Pennsylvania, Scranton, Pa., and William A. Kehoe, Jr., Dept. of Justice, Washington, D. C., of counsel, for plaintiff.

Joseph P. Brennan, Scranton, Pa., for defendant.

CALEB M. WRIGHT, Chief Judge.

The government has moved the Court to reconsider its ruling in the above-captioned case. This is a ruling upon that motion. The facts involved are set out in the previous opinion at D.C.D.Del.1961, 190 F.Supp. 604. Briefly, it held there was a fatal variance between an indictment under the pre-1959 form of 29 U.S. C.A. § 186(b),1 alleging that a union officer had...

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