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UNITED STATES v. MAURO

Nos. 183, 184, Dockets 76-1251, 76-1252.

544 F.2d 588 (1976)

UNITED STATES of America, Appellant, v. John MAURO and John Fusco, Appellees.

United States Court of Appeals, Second Circuit.

Decided October 26, 1976.

Attorney(s) appearing for the Case

Charles E. Clayman, Asst. U.S. Atty. (David G. Trager, U.S. Atty., E. D. N. Y., Bernard J. Fried, Alvin A. Schall, Asst. U.S. Attys., Brooklyn, N. Y., of counsel), for appellant.

Kevin Ross, Kew Gardens, N. Y. (Stephen G. Murphy, Kew Gardens, N. Y.), for appellee Mauro.

John C. Corbett, Brooklyn, N. Y., for appellee Fusco.

Before ANDERSON, MANSFIELD and MULLIGAN, Circuit Judges.

MULLIGAN, Circuit Judge.

This is a consolidated appeal by the United States from two orders which dismissed indictments against two defendants because of the Government's failure to comply with the Interstate Agreement on Detainers, 18 U.S.C., App. The issue involved is one of first impression in this court.

On November 3, 1975, John Mauro and John Fusco were separately indicted in the Eastern District of New York on charges of criminal contempt of court in...

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