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UNITED STATES v. McGUIRE

249 F.Supp. 43 (1965)

UNITED STATES of America, v. John A. McGUIRE, Edmond G. Blumner and Herbert Perry, Defendants.

United States District Court S. D. New York.

December 9, 1965.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty. for Southern District of New York, for United States of America; Thomas J. Cahill, Paul R. Grand, Asst. U. S. Attys., of counsel.

John F. Dailey, Jr., New York City, for defendant McGuire; Lawrence A. D'Ambrosio, Erie, Pa., of counsel.

Edward A. Kole, New York City, for defendant Blumner.

Stanley Kligfeld, New York City, for defendant Perry.

WYATT, District Judge.

This indictment was tried to the Court without a jury. Each of the defendants in writing waived a jury trial, to which the government consented and which the Court approved. Fed.R.Crim.P. 23(a).

The indictment was returned on August 8, 1963 and contains twelve counts.

At the close of the government's case, motions to dismiss counts 5 and 8 were granted, with the consent of the government.

The evidence establishes beyond...

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