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U.S. v. LUBELL

No. CR. 01-10122-EFH.

301 F.Supp.2d 88 (2004)

UNITED STATES of America v. George S. LUBELL, et al.,

United States District Court, D. Massachusetts.

February 6, 2004.

Attorney(s) appearing for the Case

Benjamin D. Entine, Attorney at Law, Kenneth J. Fishman, Fishman, Ankner & Horstman, LLP, Boston, MA, Leo S. Fama, II, Everett, Peter C. Horstmann, Law Offices of Partridge, Ankner & Horstmann, LLP, Boston, MA, Martin D. Boudreau, Milton, Michael F. Natola, McBride & Natola, Leo T. Sorokin, Federal Defender's Office, Boston, MA, for George S. Lubell (1), Shane E. O'Hearn (2), Phillip E. Watson (3), Defendants.

Jeffrey Auerhahn, United States Attorney's Office, Boston, MA, for USA, Plaintiff.

MEMORANDUM AND ORDER

HARRINGTON, Senior District Judge.

The government has filed a motion requesting a pre-trial ruling on the admissibility of certain hearsay testimony pursuant to Fed.R.Crim.P. 12(b)(3)(C) and 12(d). For the reasons set forth below, the Court exercises its discretion and declines to rule on the admissibility of this testimony prior to trial.

I. Background

The government alleges that the Defendants Shane...

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