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U.S. v. NEUFELD

No. CR-2-94-144.

949 F.Supp. 555 (1996)

UNITED STATES OF AMERICA v. Elliot NEUFELD, D.O., and Jon Mickle, Defendants.

United States District Court, S.D. Ohio, Eastern Division.

December 17, 1996.

Attorney(s) appearing for the Case

Roger Philip Sugarman, Robert Carl Schuler, Emens Kegler Brown Hill & Ritter, Columbus, OH, James Streicker, Chicago, IL, for Elliott Neufeld, D.O.

Edward E. McNally, Altheimer & Gray, Jeremy D. Margolis, Rita M. Alliss, Altheimer & Gray, Chicago, IL, for Jon Mickle.

David Joseph Bosley, United States Attorney's Office, Columbus, OH, William Bowne, U.S. Department of Justice, Fraud Section, Washington, DC, for U.S.

OPINION AND ORDER

GEORGE C. SMITH, District Judge.

Defendants Neufeld and Mickle move to dismiss the indictments against them on double jeopardy grounds. The Court declared defendants' first trial a mistrial after the government introduced unfairly prejudicial testimony that the defendants were gay lovers. For the reasons that follow, the Court denies defendants' motion to dismiss.

I.

The government charges Dr. Elliot Neufeld and...

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