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UNITED STATES v. DORNAU

No. 69 Cr. 718.

359 F.Supp. 684 (1973)

UNITED STATES of America v. Fred R. DORNAU et al., Defendants.

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

June 4, 1973.

Attorney(s) appearing for the Case

Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y., for the United States; John J. Kenney, Asst. U. S. Atty., of counsel.

Patrick M. Wall, New York City, for defendant Fred Dornau.

London, Buttenwieser & Chalif, New York City, for defendant Peter Dornau; Franklin S. Bonem, of counsel.

METZNER, District Judge:

A hearing was held on defendants' motion to dismiss the indictment because allegedly it was founded on testimony given by defendants in bankruptcy proceedings in Florida pursuant to a grant of immunity. Section 7a(10) of the Bankruptcy Act (11 U.S.C. § 25).

The indictment against these defendants contains 45 counts. The first 29 counts concern only defendant Fred Dornau and charge him with defrauding the government by filing false...

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