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WILLIAMS v. BALL

Civ. No. 9081.

194 F.Supp. 393 (1961)

William WILLIAMS et al., Plaintiffs, v. Hon. Carman F. BALL, Dist. Atty. of Erie County, et al., Defendants.

United States District Court W. D. New York.

June 7, 1961.

Attorney(s) appearing for the Case

Parrino & Cooper, Buffalo, N. Y. (Peter L. Parrino, Buffalo, N. Y., of counsel), for plaintiffs.

Carman F. Ball, Dist. Atty., Erie County, by Frederick M. Marshall, Asst. Dist. Atty., Buffalo, N. Y., for defendant Ball.

Louis J. Lefkowitz, New York State Atty. Gen. (Frederick T. Devlin, Asst. Atty. Gen., of counsel), for remaining defendants.

HENDERSON, District Judge.

Plaintiffs, presently under indictment on state gambling charges, contend that wiretap evidence was presented to the Grand Jury and will be used on the trial of their case.1 They have brought this action to obtain a declaratory judgment that section 813-a of the Code of Criminal Procedure and Article 1, section 12 of the New York State Constitution, which authorize...

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