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STANS v. GAGLIARDI

Nos. 326, 327, Dockets 73-2291, 73-2293.

485 F.2d 1290 (1973)

Maurice STANS and John N. Mitchell, Petitioners, v. Hon. Lee P. GAGLIARDI, United States District Judge, and United States of America, Respondents. UNITED STATES of America, Appellee, v. John N. MITCHELL and Maurice Stans, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 11, 1973.

Attorney(s) appearing for the Case

Walter J. Bonner, Edward C. O'Connell, John P. Diuguid, Paul R. Dean, Richard W. Boone, Washington, D. C. (Greenhill & Speyer, New York City, Carr, Bonner, O'Connell, Kaplan, Thompson & Diuguid, and Wilkinson, Cragun & Barker, Washington, D. C., of counsel), for petitioner-appellant Stans.

Curtis, Mallet-Prevost, Colt & Mosle, New York City (Peter Fleming, Jr., and John E. Sprizzo, New York City, of counsel), for petitioner-appellant Mitchell.

Paul J. Curran, U. S. Atty., S. D. N. Y. (John R. Wing, James W. Rayhill, John A. Lowe, Kenneth R. Feinberg, John D. Gordon, III, Asst. U. S. Attys., of counsel), for the United States.

Before LUMBARD, FRIENDLY and FEINBERG, Circuit Judges.

FRIENDLY, Circuit Judge:

John N. Mitchell and Maurice H. Stans, defendants to an indictment in the District Court for the Southern District of New York, ask us to vacate, by way either of appeal or of mandamus, a ruling of Judge Gagliardi, which refused to postpone the beginning of the trial from September 11 to a later day. Although counsel had indicated willingness to proceed on October 4, they urged that a later date, say in early November after conclusion of the...

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