UNITED STATES v. O'TOOLE

No. 6226.

101 F.Supp. 123 (1951)

UNITED STATES v. O'TOOLE et al.

United States District Court D. Rhode Island.

May 23, 1951.


Attorney(s) appearing for the Case

George F. Troy, U. S. Atty., Joseph L. Breen, Asst. U. S. Atty., of Providence, R. I., and Fred B. Smith, Office of the General Counsel, Treasury Department, Washington, D. C., for government.

William S. Flynn, Christopher J. Brennan, Joseph H. Coen, Edmund Wexler, Joseph B. Carty, all of Providence, R. I., and Mordecai M. Merker, New York City, for defendants.


HARTIGAN, Circuit Judge.1

This matter was heard on the defendants' motions to dismiss the indictment.

The indictment charges violations of 18 U.S.C. § 371, 31 U.S.C.A. §§ 440, 441, 442, 443; 18 U.S.C. §§ 494, 1001, and alleges in substance that on or about July 1, 1949 and continuously thereafter up to and including February 1, 1950 at Providence, in said district, the defendants unlawfully, wilfully and...

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