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U.S. v. SCHWARTZ

No. CR-83-0008 WHO.

679 F.Supp. 972 (1987)

UNITED STATES of America, Plaintiff, v. Sol C. SCHWARTZ, Raymond F. Lane, Abe Chapman, Frank C. Marolda, Defendants.

United States District Court, N.D. California.

September 30, 1987.

Attorney(s) appearing for the Case

Doron Weinberg, Larson & Weinberg, Karen Snell, Riordan & Rosenthal, San Francisco, Cal., for Schwartz.

A.J. Kramer, Asst. Federal Public Defender, San Francisco, Cal., for Lane.

Manton Selby, San Francisco, Cal., for Chapman.

Allen Ruby, Morgan, Ruby & Teter, San Jose, Cal., for Marolda.

Joseph Russoniello, U.S. Atty., Geoffrey A. Anderson, Atty. in Charge, Melvyn H. Rappaport, Rory K. Little, Sp. Attys., San Francisco, Cal., for plaintiff.

OPINION AND ORDER

ORRICK, District Judge.

The United States government has charged defendants with manipulating the administration of union pension funds. Defendants bring renewed motions to dismiss the case based on the following grounds: (1) collateral estoppel; (2) double jeopardy; (3) variance; and (4) the recent Supreme Court ruling in McNally v. United States, ___ U.S. ___, 107 S.Ct. 2875, 97 L.Ed...

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