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APPLICATION OF COHN

No. 250, Docket 34012.

416 F.2d 440 (1969)

Application of Roy M. COHN for an Order in the nature of a writ of mandamus directed to Honorable Inzer B. Wyatt, Judge of the United States District Court, Southern District of New York, directing him to grant Petitioner's application for appropriate relief in the form of continuance of the trial.

United States Court of Appeals Second Circuit.

Decided September 17, 1969.

Attorney(s) appearing for the Case

Myron J. Greene, New York City (Saxe, Bacon & Bolan, New York City, on the brief), for petitioner.

John S. Allee, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty., for the Southern District of New York; Paul L. Perito and Peter L. Truebner, Asst. U. S. Attys., on the brief), for the United States of America.

Before LUMBARD, Chief Judge, and SMITH and FEINBERG, Circuit Judges.

PER CURIAM:

We deny in open court the Petition of Roy M. Cohn against Judge Inzer B. Wyatt to order him by writ of mandamus to adjourn for a reasonable time the start of Cohn's trial, set for September 23, 1969 in the Southern District of New York. By an indictment dated January 17, 1969, Cohn and three others are charged with conspiracy, bribery, and extortion.

The Petition is based on a claim that advance pretrial publicity makes selection of an impartial...

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