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UNITED STATES v. MALINSKY

153 F.Supp. 321 (1957)

UNITED STATES of America v. Morris MALINSKY, Louis Rapkin, Irving Greene, Albert Pfeffer, Milton Tillinger, David Lustigman, Isidore Schwartz, Robert Barbieri, Robert Felt, Joseph Meglino, Sam Vogel, Sam Stolzenberg, also known as "Sam Stowe", Defendants.

United States District Court S. D. New York.

On Motion to Disqualify April 3, 1957.

Attorney(s) appearing for the Case

Paul W. Williams, U. S. Atty., New York City, for the Government, by Myles J. Ambrose, and William S. Lynch, Asst. U. S. Attys., New York City.

Joseph A. Solovei, Brooklyn, N. Y., for Morris Malinsky.

Jacob P. Lefkowitz, New York City, for Louis Rapkin and Irving Greene.

Maurice Edelbaum, New York City, for defendants Albert Pfeffer and Isidore Schwartz.

Harold O. N. Frankel, New York City, for defendants Milton Tillinger and David Lustigman.

Harry Sokel, New York City, for defendant Joseph Meglino.

Meyer Licht, New York City, for Sam Vogel.

Joseph Panzer, New York City, for Sam Stolzenberg.

HERLANDS, District Judge.

The defendants have moved for a mistrial under the circumstances that will now be detailed.

This trial commenced on March 26, 1957, with the voir dire of the jury panel. Proceedings incidental to the selection of the jury continued on March 27, 28, 29, and April 1. On the morning of April 1st the jury, including four alternate jurors, was selected and impaneled. The prosecutor and defense attorneys

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