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UNITED STATES v. CARCAISE

No. 77-67-Orl-Cr-R.

442 F.Supp. 1209 (1978)

UNITED STATES of America v. Frank R. CARCAISE, Robert T. Schwer, Steven A. Stepanian, R. William Habel and Martin Kingshill.

United States District Court, M. D. Florida, Orlando Division.

January 5, 1978.

Attorney(s) appearing for the Case

Robert A. Leventhal, Asst. U. S. Atty., Orlando, Fla., for plaintiff.

Hubert W. Williams, Orlando, Fla., for defendant Frank R. Carcaise.

James E. Taylor, Jr., and William E. Kreuter, Orlando, Fla., for defendant Robert T. Schwer.

C. Harris Dittmar, Jacksonville, Fla., for defendant Steven A. Stepanian.

James E. Shepherd, Orlando, Fla., for defendant R. William Habel.

Thomas A. Howard, Detroit, Mich., for defendant Martin Kingshill.

MEMORANDUM OF DECISION

REED, District Judge.

Defendant Stepanian's Motion to Dismiss or in the Alternative for Discovery of Matters Pertaining to the Grand Jury filed 9 November 1977 alleged as a ground for the dismissal of the indictment: (1) that the indicting grand jury was given "summarized testimony presented to the first grand jury", and (2) that an unauthorized person, to-wit, Robert C. Weaver, appeared before the grand jury. An evidentiary hearing...

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