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UNITED STATES v. HECKLER

No. 74 Cr. 1126 (HFW).

428 F.Supp. 269 (1976)

UNITED STATES of America v. David HECKLER et al., Defendants.

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

June 21, 1976.

Attorney(s) appearing for the Case

Curtis, Mallet-Prevost, Colt & Mosle, New York City by Peter K. Leisure, New York City, of counsel, for David Heckler, Henry J. Heckler, Paul Greenberg, and Heckler Electric Co.

Levy & Platt, New York City by Ronald Platt, New York City, of counsel, for Herbert A. Kozlow.

OPINION

WERKER, District Judge.

Defendants have moved for an order pursuant to rules 12 and 48 of the Federal Rules of Criminal Procedure and the Fifth and Sixth Amendments of the United States Constitution dismissing the indictment herein on the grounds

(1) that the government delayed presenting evidence to the grand jury in this case for a period of one and a half years and that such delay resulted in substantial and irreparable prejudice to the...

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