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UNITED STATES v. SIMONE

Crim. No. 85-330.

627 F.Supp. 1264 (1986)

UNITED STATES of America, Plaintiff, v. Robert F. SIMONE, Defendant.

United States District Court, D. New Jersey.

January 30, 1986.

Attorney(s) appearing for the Case

Stuart L. Peim, Asst. U.S. Atty., Newark, N.J., for plaintiff, U.S.A.

Stephen Robert LaCheen, Philadelphia, Pa., for defendant, Robert F. Simone.

OPINION

RODRIGUEZ, District Judge.

The defendant, Robert F. Simone, Esquire, is accused of having committed perjury before the Honorable Harold A. Ackerman, U.S.D.J. for the District of New Jersey during the course of a disqualification hearing on October 16, 1984. Although there are a variety of defenses to the charge of perjury, defendant has raised two somewhat novel defenses at the pretrial stage in the context of the present motion to dismiss the indictment...

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