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UNITED STATES v. TATEO

216 F.Supp. 850 (1963)

UNITED STATES of America, v. Rocco TATEO, Defendant.

United States District Court S. D. New York.

May 3, 1963.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty. for the Southern Dist. of New York, Peter E. Fleming, Jr., and Charles A. Stillman, Asst. U. S. Attys., of counsel, for the United States.

O. John Rogge, and Robert Kasanof, New York City, for defendant.

TYLER, District Judge.

Rocco Tateo, who is presently scheduled to go to trial on May 6, 1963 upon the above two indictments charging offenses arising under the federal bank robbery statute, has made several motions to dismiss these indictments. His principal motion, which will be treated in this opinion, presents a serious question relating to the meaning and application of the provision of the Fifth Amendment to the Constitution declaring that no person shall "*...

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