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PUGACH v. KLEIN

193 F.Supp. 630 (1961)

Application of Burton N. PUGACH for a Writ of Habeas Corpus on behalf of Burton N. Pugach, Petitioner, v. Milton KLEIN, Warden of Bronx County Prison, Respondent. Application of Burton N. PUGACH, Petitioner, for an order of mandamus v. Hon. Morton S. ROBSON, United States Attorney for the Southern District of New York, Respondent. Application of Burton N. PUGACH, Petitioner, for Warrants for the Arrest of Frank Weldon, Alexander Scheer and Hon. Joseph Martinis, and for a Search Warrant for the premises occupied by Hon. Isidore Dollinger, Bronx County District Attorney, at 851 Grand Concourse, Borough of Bronx, City of New York.

United States District Court S. D. New York.

April 11, 1961.

Attorney(s) appearing for the Case

Frances Kahn, New York City, for petitioner.

Morton S. Robson, U. S. Atty., for Southern District of New York, New York City, for the United States. James McKinley Rose, Jr., Asst. U. S. Atty., New York City, of counsel.

MacMAHON, District Judge.

These applications by Pugach for habeas corpus, mandamus, and warrants for arrest and search raise once again the vexing question of whether a federal court ought to interfere at the preliminary stage of a state criminal prosecution allegedly resulting from wire tap evidence obtained in violation of the Federal Communications Act, 47 U.S.C.A. §§ 501, 605, but in compliance with the clashing law of the State of New York. N.Y.Const...

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