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U.S. v. GRAY

Crim. No. 83-10.

705 F.Supp. 1224 (1988)

UNITED STATES of America, Plaintiff, v. James E. GRAY and Charles J. McNally, Defendants.

United States District Court, E.D. Kentucky, Lexington.

October 19, 1988.

Attorney(s) appearing for the Case

H. Marshall Jarrett, Public Integrity Section, Crim. Div., U.S. Dept. of Justice, Washington, D.C., Jane Graham, Asst. U.S. Atty., U.S. Dept. of Justice, Lexington, Ky., for U.S.

Frank E. Haddad, Jr., Louisville, Ky., for McNally.

William E. Johnson, Frankfort, Ky., James A. Shuffett, Lexington, Ky., for Gray.

MEMORANDUM OPINION

WILHOIT, District Judge.

These criminal proceedings are before the court upon a remand from the United States Supreme Court and the Sixth Circuit Court of Appeals, 841 F.2d 1127, and defendants' motions to dismiss the indictment in accordance with the appellate mandates. The government is seeking a retrial.

PROCEDURAL HISTORY

On July 30, 1983, an indictment was returned against the defendants charging one count of conspiracy...

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