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UNITED STATES v. SERUBO

Crim. No. 80-203.

502 F.Supp. 290 (1980)

UNITED STATES of America v. Peter J. SERUBO, W. Thomas Plachter, Jr. and Donald H. Brown.

United States District Court, E. D. Pennsylvania.

November 12, 1980.

Attorney(s) appearing for the Case

Ronald G. Cole, Asst. U. S. Atty., Philadelphia, Pa., for plaintiff.

Harvey Sernovitz, Philadelphia, Pa., for Serubo.

Louis W. Fryman, Philadelphia, Pa., for Brown.

Thomas A. Masterson, Philadelphia, Pa., for Plachter.

MEMORANDUM

JOSEPH S. LORD, III, Chief Judge.

Defendant Serubo has moved to dismiss counts I, IV, VIII and IX of the indictment. For the reasons which follow, I shall grant this motion.

I. Preliminary Statement

The three defendants were indicted on March 13, 1978 for violations of the Internal Revenue Code.1 Plachter and Brown entered Zudick pleas to all counts on September 5, 1978, the day trial...

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