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UNITED STATES v. THOMAS APOTHECARY, INC.

No. 67 Cr. 123.

266 F.Supp. 890 (1967)

UNITED STATES of America v. THOMAS APOTHECARY, INC., Hyman Harris, Paul Harris, Edward Hartman and Sanford Borgman, Defendants.

United States District Court S. D. New York.

April 10, 1967.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., Southern District of New York, by Paul K. Rooney, Asst. U. S. Atty., for the Government.

Harold L. Luxemburg, New York City, for defendant Sanford Borgman.

MEMORANDUM

BONSAL, District Judge.

Defendant Sanford Borgman moves for an order pursuant to Rules 8 and 14 of the Federal Rules of Criminal Procedure for an order permitting a separate trial of the counts of the information relating to him on the grounds that:

1. The information charges two or more offenses which are not of the same or similar character nor are based on the same act or transaction or on two or more acts or transactions connected...

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