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UNITED STATES v. BRYAN

Docket No. 32266.

393 F.2d 90 (1968)

UNITED STATES of America, v. Honorable Frederick vanPelt BRYAN, United States District Judge for the Southern District of New York, Respondent. UNITED STATES of America, v. Carl SIMON et al., Defendants.

United States Court of Appeals Second Circuit.

Decided April 17, 1968.

Attorney(s) appearing for the Case

Peter E. Fleming, Jr., Asst. U. S. Atty., Southern District of New York (Robert M. Morgenthau, U. S. Atty., Charles P. Sifton, Leonard M. Marks and Hugh C. Humphreys, Asst. U. S. Attys., Southern District of New York, on the brief), for petitioner.

David W. Peck, New York City (Sullivan & Cromwell, Marvin Schwartz, on the brief), for defendants Carl Simon, et al.

Before LUMBARD, Chief Judge, and KAUFMAN and HAYS, Circuit Judges.

PER CURIAM:

The government petitions for a writ of mandamus to prohibit Judge Bryan from presiding at the retrial of United States v. Simon et al. on charges of mail fraud, after the first trial lasting from December 5, 1967 to February 2, 1968 had ended with the jury unable to agree upon a verdict.

It has long been the practice in the Southern District of New York, with few exceptions, to have the second trial of a criminal case of any length and complexity...

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