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UNITED STATES v. STOUT

Crim. No. 80-00110.

499 F.Supp. 598 (1980)

UNITED STATES of America v. Earl STOUT and Peter J. Serubo.

United States District Court, E. D. Pennsylvania.

September 30, 1980.

Attorney(s) appearing for the Case

Peter F. Vaira, U. S. Atty., Peter J. Smith, Luther E. Weaver, III, Asst. U. S. Attys., Philadelphia, Pa., for plaintiff.

Harvey A. Sernovitz, Philadelphia, Pa., for Serubo.

Richard A. Sprague, and Robert E. Madden, Philadelphia, Pa., for Stout.

MEMORANDUM

JOSEPH S. LORD, III, Chief Judge.

Serubo has moved for a severance under Fed.R.Crim.P. 8(b) because of alleged mis-joinder, or under Fed.R.Crim.P. 14 because of alleged prejudicial joinder. See United States v. Heldon, 479 F.Supp. 316, 321-22 (E.D.Pa.1979). He has also moved to dismiss Counts 44-48.

A. Rule 8(b) Motion

Fed.R.Crim.P. 8(b) permits the joinder of defendants if...

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