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WAX v. MOTLEY

No. 732, Docket 75-3003.

510 F.2d 318 (1975)

Walter WAX and Lawrence Levine, Petitioners, v. Honorable Constance Baker MOTLEY, United States District Judge, Respondent. UNITED STATES of America, v. Norman RUBINSON et al., Defendants.

United States Court of Appeals, Second Circuit.

Decided January 21, 1975.

Attorney(s) appearing for the Case

Thomas A. Andrews, New York City (Shea, Gould, Climenko, Kramer & Casey and John J. Grimes, New York City, of counsel), for petitioners Wax and Levine.

Frank Wohl, Asst. U. S. Atty., Southern District of New York, New York City (Paul J. Curran, U. S. Atty., for the Southern District of New York, Jo Ann Harris, and John D. Gordan, III, Asst. U. S. Attys., of counsel), for respondent.

Before WATERMAN, FRIENDLY and GURFEIN, Circuit Judges.

PER CURIAM:

This is a petition for a writ of prohibition and mandamus directed against Honorable Constance Baker Motley, United States District Judge for the Southern District of New York, to dismiss an indictment against certain defendants upon the ground that the indictment is void because the term of the grand jury had allegedly expired prior to the return of the indictment, and seeking a stay of the trial thereon which had been scheduled for January 20, 1975....

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