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U. S. A. v. GARRISON, WERTHEIM & GOLDMAN

No. 69 Cr. 354.

308 F.Supp. 419 (1969)

U. S. A. v. GARRISON, WERTHEIM & GOLDMAN.

United States District Court S. D. New York.

October 3, 1969.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., Southern District of New York, New York City, for the United States; Charles B. Updike, Asst. U. S. Atty., of counsel.

Leonard L. Steinman, New York City, for defendants Garrison and Wertheim.

COOPER, District Judge.

Defendants Garrison and Wertheim move for various forms of relief.

They first seek dismissal of the two count indictment with charges both a substantive violation of the federal narcotics laws relating to marihuana, 21 U.S.C. § 176a and a conspiracy to violate the same section, on the ground that their timely and proper assertion of the privilege against self-incrimination provides a complete defense to this prosecution. We disagree...

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