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UNITED STATES v. KURZER

No. 74 Cr. 288.

422 F.Supp. 487 (1976)

UNITED STATES of America, v. Harry KURZER, Defendant.

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

November 11, 1976.

Attorney(s) appearing for the Case

Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., New York City, for plaintiff; William I. Aronwald, Sp. Atty., U. S. Dept. of Justice, New York City, of counsel.

Neal J. Hurwitz, New York City, for defendant.

MEMORANDUM

LASKER, District Judge.

On the government's appeal from an order dismissing an indictment against Harry Kurzer, the Court of Appeals remanded for an evidentiary hearing which was held on June 11, 1976. On the basis of the evidence adduced at that hearing and the record heretofore established, we find that the government has not met its burden of proving that the indictment against Harry Kurzer did not derive directly or indirectly from testimony...

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