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UNITED STATES v. YAGID

No. 265, Docket 75-1288.

528 F.2d 962 (1976)

UNITED STATES of America, Appellant, v. Herbert YAGID, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 5, 1976.

Attorney(s) appearing for the Case

Michael C. Eberhardt, Sp. Atty. for the U.S. Dept. of Justice (Paul J. Curran, U.S. Atty., S. D. N.Y., John D. Gordan, III, Asst. U.S. Atty., of counsel), for appellant.

Herbert Yagid, pro se.

Before MULLIGAN, OAKES and MESKILL, Circuit Judges.

MESKILL, Circuit Judge:

On July 7, 1975 the District Court for the Southern District of New York dismissed Indictment 73 Cr. 471 against Herbert Yagid on the ground that he had not been retried, after a successful appeal, within the 90 day period prescribed by Rule 6 of the Southern District's Plan for Achieving Prompt Disposition of Criminal Cases ("the Plan"). The government appeals that dismissal. It claims that the district court should not have dismissed the...

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