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UNITED STATES v. LEVERAGE FUNDING SYSTEMS

No. CR 79-159-HP.

478 F.Supp. 799 (1979)

UNITED STATES of America, Plaintiff, v. LEVERAGE FUNDING SYSTEMS, INC., a corporation, Centaur Film, a corporation, Peter S. Traynor, an Individual, William G. McDonald, Jr., an Individual, Defendants.

United States District Court, C. D. California.

October 17, 1979.

Attorney(s) appearing for the Case

Andrea Sheridan Ordin, U. S. Atty., Robert L. Brosio, Asst. U. S. Atty., Chief, Criminal Division, Theodore W. Wu, Asst. U. S. Atty., Asst. Chief, Criminal Division, Los Angeles, Cal., for plaintiff.

Richard H. Kirschner, Los Angeles, Cal., Paul J. Fitzgerald, Beverly Hills, Cal., for defendants.

ORDER DISMISSING INDICTMENT

PREGERSON, District Judge.

The Fifth Amendment to the Constitution provides that "[n]o person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury . . .." A grand jury consists of up to twenty-three persons, F.R.Crim.P. 6(a), sixteen constituting a quorum. 8 Moore's Federal Practice ¶ 6.02[2], at 6-17 (2nd ed. 1978); see 18 U.S.C. § 3321...

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