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UNITED STATES v. AMATO

No. 73 Cr. 672-LFM.

367 F.Supp. 547 (1973)

UNITED STATES of America v. Tommaso AMATO et al., Defendants.

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

October 12, 1973.

Attorney(s) appearing for the Case

Cagney & Tifford, P.A., Miami, Fla., for defendant Mantell, William P. Cagney, III, Miami, Fla., of counsel.

William T. Griffin, New York City, for defendant Raia.

Stephen Miller, New York City, for defendant Gittleman.

Paul J. Curran, U. S. Atty., S.D.N.Y., New York City, for United States of America; William I. Aronwald, Sp. Atty., Dept. of Justice, New York City, of counsel.

MEMORANDUM

MacMAHON, District Judge.

Defendants Mantell and Gittleman move to dismiss the indictment on various grounds. Gittleman adopts all the motions asserted by Mantell in addition to his own motions. Defendant Raia also adopts all motions made by Gittleman.

The first of the four grounds asserted by Mantell and adopted by Gittleman and Raia is that 18 U.S.C. § 1962, a statute they are charged with violating, is unconstitutional. They claim...

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