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UNITED STATES v. RUSSO

Cr. No. 56-123.

155 F.Supp. 251 (1957)

UNITED STATES of America v. Michael A. RUSSO et al.

United States District Court D. Massachusetts.

Motion to Suppress Evidence Denied October 11, 1957.

Attorney(s) appearing for the Case

Anthony Julian, U. S. Atty., George H. Lewald, Asst. U. S. Atty., Boston, Mass., William S. Kenney, Philip T. White, Lawrence P. McGauley, Justice Dept., Washington, D. C., for the United States.

John J. Abt, Mary A. Kaufman, New York City, for defendants Russo and Lipshires.

Alfred A. Albert, Boston, Mass., for defendant Timpson.

John J. O'Neill, Boston, Mass., for defendant Hood.

John R. Hally, Boston, Mass., for defendant Schirmer.

ALDRICH, District Judge.

In May, 1956, the grand jury returned a one-count indictment charging the defendants1 with conspiracy to violate 18 U.S.C. § 2385, the Smith Act. Before the case was reached it became apparent that in view of the scope of the pending certiorari proceedings in Yates v. United States, 9 Cir., 225 F.2d 146, postponement would be advisable. The indictments in both cases are identical...

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