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UNITED STATES v. DONDICH

Crim. No. 78-202 WHO.

460 F.Supp. 849 (1978)

UNITED STATES of America, Plaintiff, v. James H. DONDICH, Max H. Mortensen, Louis M. Mayo, Jr., Roger W. Osness and Roy J. Jackson, Defendants.

United States District Court, N. D. California.

September 11, 1978.

Attorney(s) appearing for the Case

G. William Hunter, U. S. Atty., Edmund D. Lyons, Jr., Asst. U. S. Atty., Mark N. Zanides, Sp. Asst. U. S. Atty., San Francisco, Cal., for plaintiff.

Richard L. Jaeger, San Francisco, Cal., for Dondich.

Claudia Wilken, Wilken & Leverett, Oakland, Cal., for Mortensen.

Steven Arian, San Francisco, Cal., for Mayo.

James E. Sharp, N. Richard Janis, Sharp, Randolph & Janis, Washington, D. C., Ralph R. Scott, Los Angeles, Cal., for Osness.

Marcus S. Topel, San Francisco, Cal., for Jackson.

OPINION

ORRICK, District Judge.

Charging that his Fifth Amendment right to be indicted by a grand jury was violated by the participation in the proceedings of a Securities and Exchange Commission ("SEC") lawyer who, having conducted a civil investigation and having obtained injunctive relief against him, allegedly had a conflict of interest, defendant Roger W. Osness moves to dismiss the indictment against him and four other defendants for federal securities...

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