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UNITED STATES v. BUSIC

No. 76-CR-602.

472 F.Supp. 880 (1977)

UNITED STATES of America v. Zvonko BUSIC, Julienne Busic, Petar Matanic, Frank Pesut, Defendants.

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

March 22, 1977.

Attorney(s) appearing for the Case

David G. Trager, U. S. Atty., Eastern District of New York, Brooklyn, N. Y., for United States; Edward R. Korman, Chief Asst. U. S. Atty., Peter R. Schlam, Barry E. Schulman, Asst. U. S. Attys., Brooklyn, N. Y., of counsel.

Michael E. Tigar, Washington, D. C., for defendant Zvonko Busic; Martin Ozer, New York City, of counsel.

Michael Ira Asen, New York City, for defendant Julienne Busic.

Martin Elefant, Brooklyn, N. Y., Paul B. Bergman, New York City, for defendant Petar Matanic.

Irwin Rochman, New York City, for defendant Frane Pesut.

MEMORANDUM-DECISION and ORDER

BARTELS, District Judge.

The defendants have moved to dismiss the indictment on the ground that the Grand Jury was not properly instructed with respect to the offense of air piracy from the commission of which a death resulted (49 U.S.C. § 1472(i)), and that therefore Count 1 of the indictment should be dismissed or, in the alternative, that the Court examine the Grand Jury minutes at least to ascertain whether the...

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