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UNITED STATES v. HARRIMAN

130 F.Supp. 198 (1955)

UNITED STATES of America v. Ben R. HARRIMAN, Jerry Siner and Frank Louis De Rosa, Defendants.

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

April 1, 1955.

Attorney(s) appearing for the Case

J. Edward Lumbard, U. S. Atty. for Southern District of New York, New York City (Clement J. Hallinan, Jr., New York City, of counsel), for U. S.

Louis Bender, Daniel J. Riesner, New York City (Louis Bender, Julian Jawits, Richard I. Donner, New York City, of counsel), for defendant Ben R. Harriman.

MURPHY, District Judge.

This is a motion for an order dismissing an indictment made by the defendant Harriman on the grounds that he has been in jeopardy at a previous trial of other consolidated indictments, and that trial of the instant indictment would constitute being in jeopardy twice in violation of the Fifth Amendment of the United States Constitution.

On November 25, 1952, two indictments (No. C 140-65 and C 140-66) were filed against Harriman and...

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