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U.S. v. BRENNAN

No. CR-95-0420 (CPS).

938 F.Supp. 1111 (1996)

UNITED STATES of America, v. John BRENNAN and United States Aviation Underwriters, Inc., Defendants.

United States District Court, E.D. New York.

May 1, 1996.

Attorney(s) appearing for the Case

Edward A. McDonald, New York City, for John Brennan.

David M. Zornow, Skadden, Arps, Slate, Meagher & Flom, New York City, Clifford M. Sloan, Wiley, Rein & Fielding, Washington, DC, for U.S. Aviation Underwriters, Inc.

Sean F. O'Shea, Sean F. O'Shea, New York City, for U.S.

MEMORANDUM AND ORDER

SIFTON, Chief Judge.

This is a prosecution against United States Aviation Underwriters, Inc. (USAU) and its former president and CEO, John Brennan, on 43 separate counts of mail fraud under 18 U.S.C. § 1341. The defendants have jointly moved for dismissal of the indictment on the grounds that the prosecution involves an extension of the mail fraud statute into an area that has been pre-empted by the McCarran-Ferguson Act, that the...

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