BYERS, District Judge.
These defendants were indicted, under date of January 28, 1930, for a violation of title 8, § 414, U. S. Code (8 USCA § 414); pleas have been filed on the part of the defendants Cataldo Di Paolo and Giacinto Bonavia, setting forth:
(a) Double jeopardy;
(b) That a prior indictment was dismissed in this court in 1926, and no permission was obtained to resubmit the matter to the grand jury, and
(c) That the three...
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