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UNITED STATES v. BADALAMENTI

Crim. Nos. 627-73, 74-506, 74-222.

394 F.Supp. 807 (1975)

UNITED STATES of America v. Salvatore BADALAMENTI et al., Defendants. UNITED STATES of America v. Austin CASTIGLIONE et al., Defendants. UNITED STATES of America v. Michael SCIARRA et al., Defendants.

United States District Court, D. New Jersey.

April 15, 1975.

Attorney(s) appearing for the Case

Jonathan L. Goldstein, U. S. Atty. by Joseph L. Cranwell, Richard D. Gregorie, Daniel A. Williamson, and Robert G. Clark, Special Attys., Dept. of Justice, Strike Force, Newark, N. J., for the United States.

Richard Newman, Newark, N. J., for defendant Badalamenti.

Seymour Pollack, pro se and Lawrence A. Whipple Jr., Newark, N. J., for defendant Pollack.

Ralph Fucetola, III, North Arlington, N. J., for defendant Pedley.

Maurice M. Krivit, Jersey City, N. J., for defendant Musto.

Daniel E. Isles by Harvey Weissbard, Montclair, N. J., for defendant, Maugere.

OPINION

LACEY, District Judge:

This matter is before the court in United States v. Badalamenti, Crim. No. 627-73, on motions of the defendants Badalamenti, Pollack and Pedley for dismissal of the indictment returned against them on October 25, 1973. The defendants urge that the Special Attorneys who presented the matters to a Federal Grand Jury were acting without statutory authority, and as such were unauthorized persons appearing before a Grand Jury within...

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