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UNITED STATES v. CALLAHAN

No. 68 CR. 684.

300 F.Supp. 519 (1969)

UNITED STATES of America v. Thomas CALLAHAN, Frank "Sonny" Campbell, Thomas Kapatos, John Pierce and Henry Speditz, Defendants.

United States District Court S. D. New York.

June 4, 1969.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., Southern District of New York, Peter Fleming, Jr., Assistant United States Attorney, of counsel. Theodore Rosenberg, Brooklyn, N. Y., Joshua N. Koplovitz, of counsel, Koplovitz and Fabricant, New York City, for defendant, Thomas Callahan.

Joseph E. Brill, New York City, for defendant, Thomas Kapatos.

MEMORANDUM DECISION and ORDER

MOTLEY, District Judge.

Defendants Callahan and Kapatos have been charged in count one with conspiracy to violate 18 U.S.C. § 2113(a) (bank robbery) and § 2113(d) (use of dangerous weapon in connection therewith). It is alleged, inter alia, that as a part of said conspiracy defendants: 1) would take and attempt to take from the person and presence of another property and money belonging to and in the custody...

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