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UNITED STATES v. DALLAGO

No. 67-CR-452.

312 F.Supp. 249 (1970)

UNITED STATES of America v. Alfred DALLAGO, Defendant.

United States District Court, E. D. New York.

April 21, 1970.

Attorney(s) appearing for the Case

Edward R. Neaher, U. S. Atty., Eastern District of N. Y., for the United States; Reginald W. Gibson, Stephen V. Wilson, U. S. Dept. of Justice, of counsel.

Carro, Spanbock & Londin, New York City, for defendant; Jerome J. Londin, New York City, of counsel.

ZAVATT, District Judge.

By motion dated December 16, 1969, the defendant moved pursuant to Rules 6(d), (e) and 12(b) (1) of the Federal Rules of Criminal Procedure to dismiss the indictment on the ground that an unauthorized person was present during the taking of testimony before the indicting grand jury. A hearing was held before this court on February 27, 1970 to determine the facts relevant to this motion. Subsequently, by motion dated March 6, 1970, the defendant...

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