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IN RE GRAND JURY FOR NOVEMBER, 1974 TERM

Misc. Cr. No. 203.

415 F.Supp. 242 (1976)

In re GRAND JURY FOR the NOVEMBER, 1974 TERM.

United States District Court, W. D. New York.

June 14, 1976.

Attorney(s) appearing for the Case

Doyle, Diebold, Bermingham & Gorman, Buffalo, N.Y. (Vincent E. Doyle, Jr., Buffalo, N.Y., of counsel; Mark J. Mahoney, Buffalo, N.Y., on the Memorandum and Supplemental Memorandum), for petitioner.

Richard J. Arcara, U.S. Atty., Buffalo, N.Y. (Theodore J. Burns, Buffalo, N.Y., of counsel), for the Government.

CURTIN, Chief Judge.

On May 21, 1976, the attorney for petitioner Kevin Brinkworth filed a motion seeking the discharge of this grand jury or, in the alternative, a stay of the grand jury proceedings so that the court may examine the transcript and direct a hearing concerning the manner in which the grand jury investigation has been conducted. The attorney's affidavit in support of the motion alleges that the proceedings before the grand jury "have been contaminated...

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