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UNITED STATES v. CLEARY

No. 227, Docket 25318.

265 F.2d 459 (1959)

UNITED STATES of America, Appellant, v. Richard A. CLEARY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided March 30, 1959.

Attorney(s) appearing for the Case

Donald H. Shaw, Asst. U. S. Atty., S.D. N.Y., New York City (Arthur H. Christy, U. S. Atty., and Mark F. Hughes, Jr., Asst. U. S. Atty., New York City, on the brief), for appellant.

Leonard Maran, New York City, for defendant-appellee.

Before CLARK, Chief Judge, MADDEN, Judge, United States Court of Claims, and HINCKS, Circuit Judge.

CLARK, Chief Judge.

This is an appeal from an order of Judge Bryan, D.C.S.D.N.Y., 164 F.Supp. 328, dismissing an indictment charging the appellee, Richard A. Cleary, with thefts from the mails and conspiracy to commit mail thefts. As the order below is not based on the invalidity or construction of a statute and did not bar appellee's reindictment on the same charges, jurisdiction of this appeal exists in this court under 18 U...

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