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UNITED STATES v. HELSTOSKI

Nos. 77-1423, 77-1800.

576 F.2d 511 (1978)

UNITED STATES of America, Appellant, v. Henry HELSTOSKI. Henry HELSTOSKI, Petitioner, v. UNITED STATES of America, Respondent, Honorable H. Curtis Meanor, United States District Judge, Nominal Respondent.

United States Court of Appeals, Third Circuit.

Decided April 13, 1978.

Attorney(s) appearing for the Case

Morton Stavis, Louise Halper, Newark, N. J., for appellee in No. 77-1423 and petitioner in No. 77-1800.

Jonathan L. Goldstein, U. S. Atty., Robert Beller, Asst. U. S. Atty., Barry Ted Moskowitz, Maryanne T. Desmond, Asst. U. S. Attys., Newark, N. J., for appellant in No. 77-1423 and for respondent in No. 77-1800.

Before SEITZ, Chief Judge, and STALEY and HUNTER, Circuit Judges.

OPINION OF THE COURT

SEITZ, Chief Judge.

Henry Helstoski ("defendant") a former United States Congressman, petitions for a writ of mandamus to compel the district court to dismiss Counts I-IV of a pending indictment against him. He seeks dismissal on the grounds, inter alia, that those counts contravene the Speech or Debate Clause of the United States Constitution. That Clause provides that "[t]he Senators and Representatives . . . for any Speech or Debate...

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