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UNITED STATES v. MOTTE

251 F.Supp. 601 (1966)

The UNITED STATES of America, v. Beatrice M. MOTTE and Theodore V. Shyvers, Defendants.

United States District Court S. D. New York.

January 21, 1966.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, New York City, H. Harcourt Dodds, New York City, of counsel, for plaintiff.

Frederic A. Johnson, New York City, for defendants.

TENNEY, District Judge.

Defendants move herein for an order, pursuant to Section 1361 of Title 28 of the United States Code (28 U.S.C. § 1361 (Supp. 1965)), enjoining and restraining the United States Attorney from moving for pleading indictment 65 Cr. 1121 until a preliminary hearing has been held before the United States Commissioner "as to the facts underlying this prosecution and its inception." In a supplemental affidavit defendant's counsel, on the same...

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