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IN RE UNITED STATES

No. 77-1267 Orig.

565 F.2d 173 (1977)

In re UNITED STATES of America, Petitioner.

United States Court of Appeals, First Circuit.

Decided November 8, 1977.

Attorney(s) appearing for the Case

Charles E. Chase, Asst. U.S. Atty., Boston, Mass., with whom James N. Gabriel, U.S. Atty., Boston, Mass., was on petition for writ of mandamus and memorandum in support thereof for petitioner.

Nicholas B. Soutter, Wellesley, Mass., on memorandum in opposition for defendant, Clarence H. Wagner.

Before COFFIN, Chief Judge, TUTTLE, Circuit Judge, CAMPBELL, Circuit Judge.

COFFIN, Chief Judge.

The United States seeks a writ of mandamus directing the district court to vacate an order granting a motion for new trial in a criminal case.

Clarence H. Wagner, the defendant below, was charged in a single indictment with fourteen counts of mail fraud, (18 U.S.C. § 1341), thirteen counts of securities fraud (15 U.S.C. §§ 78j(b), 78ff), and four counts of making false statements to the Securities and Exchange Commission...

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