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POPLEES v. GAGLIARDI

182 F.Supp. 784 (1960)

Milton POPLEES, Albert Bricker, Frank Castellucci, Floyd Dinan and Francis Day, Plaintiffs, v. Joseph GAGLIARDI, individually and as District Attorney of the County of Westchester, State of New York, and John Hoy, individually and as Sheriff of the County of Westchester, Defendants.

United States District Court S. D. New York.

February 18, 1960.

Attorney(s) appearing for the Case

Cribari, Scapolito & Solinger, Mount Vernon, N. Y., Wolfgang E. Cribari, Mount Vernon, N. Y., for plaintiff.

Harry Herman, White Plains, County Atty., N. Y., for defendants.

Though not designated "Of Counsel" in the docket or on any of the papers, in the argument before the Court the plaintiffs were represented by Joseph L. Delaney, New York City, and the defendants were represented by Leonard Rubenfeld, Chief Asst. Dist. Atty., of Westchester County, White Plains, N. Y.

BICKS, District Judge.

In 1956 the Grand Jury of Westchester County returned an indictment charging the plaintiffs, other than Francis Day, with violations of sections 974 and 986 of the Penal Law, State of New York, (bookmaking), and in 1957 another indictment charging all five plaintiffs with a violation of section 580 of the Penal Law, (conspiracy to violate such statutes).

The accused moved for inspection of the Grand Jury minutes, or, in the alternative...

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