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UNITED STATES v. HARARY

No. 70 Crim. 1104.

329 F.Supp. 1404 (1971)

UNITED STATES of America v. Charles R. HARARY et al., Defendants.

United States District Court, S. D. New York.

May 20, 1971.

Attorney(s) appearing for the Case

Whitney North Seymour, Jr., U. S. Atty., S. D. New York, for the United States; Walter M. Phillips, Jr., Asst. U. S. Atty., S.D.N.Y., of counsel.

Zelby & Burstein, New York City, for defendants Sutton; Herbert Burstein, New York City, of counsel.

METZNER, District Judge.

The defendants Harary, Meyer Sutton and Abraham Sutton are charged in one indictment with having conspired to bribe a named Internal Revenue agent (count 1), with having bribed that agent (count 2), and with having given a gratuity to that agent (count 3). The date alleged is September 22, 1970 and the amount is $1,250.

On the eve of trial the Suttons moved for a severance on the ground that a government agent (not the one to whom...

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