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UNITED STATES v. GREENBERG

200 F.Supp. 382 (1961)

UNITED STATES of America v. Jacob H. GREENBERG and Morris Mac Schwebel, Defendants (two cases).

United States District Court S. D. New York.

December 14, 1961.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., New York City, for United States, Stephen E. Kaufman, Peter H. Morrison, Asst. U. S. Attys., New York City, of counsel.

Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for defendant, Morris Mac Schwebel, Simon H. Rifkind, Martin Kleinbard, Arthur B. Frommer, Allan Blumstein, New York City, of counsel.

FREDERICK van PELT BRYAN, District Judge.

Defendant Schwebel moves under Rule 6(b), F.R.Cr.P., 18 U.S.C.A., to dismiss two indictments against him "on the grounds that the Grand Jury finding the indictments was not selected, drawn or summoned in accordance with law."

The indictments were returned on February 6, 1961 by a grand jury impaneled in December 1960. Indictment 61 Cr. 132 is in one count and charges Schwebel and a co-defendant Greenberg, who is not...

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