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UNITED STATES v. GOLDMAN

No. 75 Cr. 337.

439 F.Supp. 358 (1977)

UNITED STATES of America v. Irving GOLDMAN, Defendant.

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

October 28, 1977.

Attorney(s) appearing for the Case

Robert B. Fiske, Jr., U. S. Atty., S.D. N.Y., New York City, for the Government; by Audrey Strauss, Daniel T. Beller, Asst. U. S. Attys., New York City, of counsel.

Friedman & Gass, P. C., Millard, Greene & Udell, New York City, for defendant; Arthur S. Friedman, Peter N. Wang, New York City, of counsel.

OPINION AND ORDER

KEVIN THOMAS DUFFY, District Judge.

On August 23, 1977, the trial of defendant Irving Goldman on charges of conspiracy and mail fraud commenced. The trial was aborted on September 6, 1977, when I declared a mistrial during the redirect examination of the government's chief witness. Pending retrial, defendant has moved to dismiss the indictment on the grounds that retrial would place him in double jeopardy in violation of his rights under...

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