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UNITED STATES v. MARTIN

176 F.Supp. 409 (1959)

UNITED STATES of America v. Jack MARTIN, Julius Kantor and Harry Appelbaum, Defendants.

United States District Court S. D. New York.

January 22, 1959.

Attorney(s) appearing for the Case

Julius A. Hellenbrand, Kew Gardens, N. Y., John J. Curran and Carl W. Sarett, Kew Gardens, N. Y., of counsel, for defendants, Julius Kantor and Harry Appelbaum.

Arthur H. Christy, U. S. Atty., New York City, John T. Moran, Jr., Asst. U. S. Atty., New York City, of counsel, for United States of America.

FREDERICK van PELT BRYAN, District Judge.

The defendants Julius Kantor and Harry Appelbaum are charged in five counts of a ten-count indictment with having in their possession packages which had been stolen from the mails in violation of 18 U.S.C. § 1708. The defendant Appelbaum moves to dismiss the indictment upon the ground that there could have been no testimony before the Grand Jury sufficient to warrant an indictment against him. Defendants Kantor and Appelbaum...

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