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UNITED STATES v. McDANIELS

Crim. No. 72-330.

370 F.Supp. 298 (1973)

UNITED STATES of America v. Carolyn S. McDANIELS et al.

United States District Court, E. D. Louisiana.

December 2, 1973.

Attorney(s) appearing for the Case

James J. O'Connor, Asst. U. S. Atty., for United States.

Richard B. Sobol, New Orleans, La., Anne Pardee Buxton, New Orleans, La., Jack Greenberg, Charles S. Ralston, New York City, Richard T. Seymour, Washington, D. C., for defendants in Crim. Nos. 72-330, 72-332, 72-333, 72-334, 72-337, 72-338, 72-340 and 72-342, for defendants other than Althea Oates in Crim. No. 72-331, and for defendants other than Samaria Lambert in Crim. No. 72-335.

Louis A. Gerdes, Jr., New Orleans, for Althea Oates.

Ernest L. Jones, New Orleans, for Anna Jones Perkins.

Joseph A. Barreca, New Orleans, for Christine Walker.

Lynne Rothschild Stern, for Samaria J. Lambert.

ALVIN B. RUBIN, District Judge:

By motions to dismiss the indictments and to stay proceedings, defendants challenge the court's jury selection plan on the ground that the plan results in substantial underrepresentation of both black and poor persons and thus fails to comply with the Federal Jury Selection and Service Act of 1968, 28 U.S.C. § 1861 et seq.

The Jury Selection Act requires that the juries be "selected at random from a fair cross section of...

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