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UNITED STATES v. BRYANT

Crim. Nos. 68-11 S. D., 68-12 S. D.; 5235 N. D., 5236 N. D. and 5238 N. D.

291 F.Supp. 542 (1968)

UNITED STATES of America v. Clifton M. BRYANT and Albertina B. Bryant. UNITED STATES of America v. Benjamin M. BUTERA. UNITED STATES of America v. John Stobie ROGERSON. UNITED STATES of America v. David Arthur MOUNCE. UNITED STATES of America v. William TOMAH.

United States District Court D. Maine, S. D.

October 11, 1968.

Attorney(s) appearing for the Case

Lloyd P. LaFountain, U. S. Atty., Edward G. Hudon, Asst. U. S. Atty., Portland, Me., Marshall T. Golding, Appellate Section, Criminal Division, Department of Justice, Washington, D. C., for plaintiffs.

Roger A. Putnam, Howard H. Dana, Jr., Portland, Me., Gerald E. Rudman, Gene Carter, Lewis V. Vafiades, Albert H. Winchell, Jr., Bangor, Me., for defendants.

OPINION AND ORDER OF THE COURT

GIGNOUX, District Judge.

In these five criminal cases, consolidated for the purpose of determining the present motions, defendants have moved to dismiss the indictments on the ground that they were returned by grand juries constituted in violation of the laws and Constitution of the United States. Relying primarily on principles said to be announced in Rabinowitz v. United States, 366 F.2d 34

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