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BERNSTEIN v. TRAVIA

No. 1078, Docket 74-1456.

495 F.2d 1180 (1974)

Harry BERNSTEIN, Petitioner, v. Honorable Anthony J. TRAVIA, United States District Judge, Eastern District of New York, Respondent. UNITED STATES of America, v. Harry BERNSTEIN et al., Defendants.

United States Court of Appeals, Second Circuit.

Decided April 15, 1974.

Attorney(s) appearing for the Case

Abraham H. Brodsky, New York City, for petitioner.

Anthony T. Accetta, Asst. U. S. Atty. (Edward John Boyd, V, Acting U. S. Atty., D. N. Y., of counsel), for respondent.

Before KAUFMAN, Chief Judge, CLARK, Associate Justice, and SMITH, Circuit Judge.

IRVING R. KAUFMAN, Chief Judge :

Harry Bernstein petitions this Court for a writ of mandamus directing Judge Travia to grant Bernstein, a defendant in a pending criminal action, a severance and a mistrial or, in the alternative, a continuance until he is physically capable of proceeding with his trial.1 Bernstein and his wife, Rose, are among nine defendants charged in a 65-count indictment with making false statements to the Federal Housing...

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