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UNITED STATES v. BIOFF

40 F.Supp. 497 (1941)

UNITED STATES v. BIOFF et al.

District Court, S. D. New York.

September 5, 1941.

Attorney(s) appearing for the Case

Mathias F. Correa, U. S. Atty., of New York City.

Martin Conboy, of New York City, for defendant George E. Browne.

RIFKIND, District Judge.

Defendant Browne, by demurrer and plea in abatement, challenges the indictment and the statute, commonly called the Anti-Racketeering Statute, 48 Stat. 980, 18 U.S.C.A. § 420a et seq., upon which it is founded. The challenge to the indictment is based upon the following recital therein contained: "That this prosecution has been commenced upon the express direction of the Attorney General of the United States". (Cf. United States v. Gramlich...

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