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PALMENTERE v. UNITED STATES

Nos. 19840-1, 20046-1, 20065-1 and 20094-1.

351 F.Supp. 167 (1972)

Peter PALMENTERE, a/k/a Pete Palmentino, Petitioner, v. UNITED STATES of America, Respondent. Alex PRESTA, Petitioner, v. UNITED STATES of America, Respondent. Peter MANDACINA, a/k/a Charles Bivona, Petitioner, v. UNITED STATES of America, Respondent. Joseph MARLO, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, W. D. Missouri, W. D.

November 10, 1972.

Attorney(s) appearing for the Case

Henry L. Graf, Charles C. Shafer, Jr., Howard Chamberlin, Robert J. Mann, Edward M. Tracewell, Kansas City, Mo., for petitioners.

Bert C. Hurn, U. S. Atty., Frederick O. Griffin, Jr., Asst. U. S. Atty., Kansas City, Mo., for respondent.

MEMORANDUM AND ORDER

JOHN W. OLIVER, District Judge.

All four of these cases involve petitions for the writ of coram nobis, which attack various Prohibition Act sentences obtained in the 1920's and 1930's before the Supreme Court's 1938 decision in Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938). Similar pretrial orders, designed to delineate any areas of relevant factual dispute, were entered in...

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