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UNITED STATES v. MULLIGAN

No. 585, Docket 77-1422.

573 F.2d 775 (1978)

UNITED STATES of America, Appellee, v. Dennis W. MULLIGAN, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 3, 1978.

Attorney(s) appearing for the Case

Michael Young, New York City (Goldberger, Feldman & Dubin, New York City), for appellant.

Ira H. Block, Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., Audrey Strauss, Robert J. Jossen, Asst. U. S. Attys., New York City, of counsel), for appellee.

Before FRIENDLY and VAN GRAAFEILAND, Circuit Judges, and DOOLING, District Judge.

VAN GRAAFEILAND, Circuit Judge:

After appellant's first trial ended with the jury deadlocked on all counts, he was retried on a four count indictment1 before Judge Owen in the United States District Court for the Southern District of New York. At the close of the second trial, appellant was convicted on one count of making a false declaration under oath to a grand jury in violation of 18 U.S.C. § 1623. The jury failed to reach a verdict...

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