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UNITED STATES v. McGRATH

78 Cr. 315 (HFW).

459 F.Supp. 1271 (1978)

UNITED STATES of America, Plaintiff, v. James McGRATH et al., Defendants.

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

September 11, 1978.

Attorney(s) appearing for the Case

Robert B. Fiske, Jr., U. S. Atty., for the S. D. of New York, New York City, by Kenneth V. Handal, Asst. U. S. Atty., New York City, of counsel, for United States of America.

Mark Lemle Amsterdam, New York City, for defendant Scigowski.

MEMORANDUM DECISION

WERKER, District Judge.

Defendant Sylvester Scigowski moves pursuant to Fed.R.Crim.P. 6(e) for an order requiring the government to disclose and turn over the grand jury minutes of this action and pursuant to Fed.R.Crim.P. 12 to dismiss the indictment on grounds that it was obtained through an abuse of the grand jury in violation of his fifth amendment rights.

Although grand jury proceedings are secret, an order to disclose grand...

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