UNITED STATES v. LARDIERI

No. 73-1750.

506 F.2d 319 (1974)

UNITED STATES of America, Appellee, v. Herman Eugene LARDIERI, Appellant.

United States Court of Appeals, Third Circuit.

Reargued September 13, 1974.

Decided December 18, 1974.


Attorney(s) appearing for the Case

Richard L. Thornburgh, U. S. Atty., Pittsburgh, Pa., Carl L. LoPresti, Michael P. Lesniak, Sp. Attys., U. S. Dept. of Justice, Organized Crime & Racketeering Section, Pittsburgh, Pa., for appellee.

Louis J. Grippo, Pittsburgh, Pa., for appellant.

Before ADAMS, HUNTER and WEIS, Circuit Judges.


Reargued before the original panel September 13, 1974.

ADAMS, Circuit Judge:

The issue posed by the petition for rehearing before the panel is whether an indictment for perjury allegedly committed during the course of testimony before a grand jury may be dismissed because of the failure by the prosecutor to inform the witness of the recantation provision of § 1623.1

a.

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