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UNITED STATES v. INTERBOROUGH DELICATESSEN DEALERS ASS'N

235 F.Supp. 230 (1964)

UNITED STATES of America v. INTERBOROUGH DELICATESSEN DEALERS ASSOCIATION, Inc., et al., Defendants.

United States District Court S. D. New York.

November 4, 1964.

Attorney(s) appearing for the Case

John J. Galgay, Chief, Department of Justice, Antitrust Division, New York City, for United States of America; David H. Harris and Philip F. Cody, New York City, of counsel.

Corcoran, Kostelanetz & Gladstone, New York City, for defendant Nathan Cohen; Boris Kostelanetz, Edward J. Daus, New York City, of counsel.

Meyer Schiff, New York City, for defendant Leonard Pines.

David M. Markowitz and Frederick M. Molod, New York City, for defendants Interborough Delicatessen Dealers Ass'n, Inc. and Louis Molod; David M. Markowitz, New York City, of counsel.

LEVET, District Judge.

The defendants Cohen, Pines and Molod have moved pursuant to Rules 6(e), 12 and 57(b) of the Federal Rules of Criminal Procedure to dismiss the indictment against them. The defendants contend that the United States government in its preparation and presentation of this case used evidence given by them in an investigation conducted by the New York State Attorney General.

The defendants Cohen and Pines were subpoenaed and testified under...

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