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UNITED STATES v. MESSITTE

No. 69 Cr. 679.

324 F.Supp. 334 (1971)

UNITED STATES of America v. Simon J. MESSITTE, Bert E. Stanger and Herbert Werman, Defendants.

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

March 9, 1971.

Attorney(s) appearing for the Case

Whitney North Seymour, Jr., U. S. Atty., for the Government, by Daniel J. Sullivan, Asst. U. S. Atty.

Rosenman, Colin, Kaye, Petschek, Freund & Emil, New York City, for defendant Simon J. Messitte; Gerald Walpin, New York City, of counsel.

OPINION

FREDERICK VAN PELT BRYAN, District Judge:

This is a motion by defendant, Messitte, to dismiss, as to him, an indictment charging him, in 18 counts, with violating 15 U.S.C. §§ 77q(a), 77x, 78i (a) (2), 78ff(a) in connection with the sale of stock of Alloys Unlimited, Inc., and in one count with conspiracy to violate these sections. Defendants Werman and Stanger are named only in the conspiracy count.

Messitte's motion is based on...

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