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UNITED STATES v. OSTRER

No. 78 Cr. 535 (KTD).

460 F.Supp. 1388 (1978)

UNITED STATES of America, v. Louis C. OSTRER, a/k/a "Louis Cuple", "Jack Ostrer" and "Rick Kaplan", Rita Ostrer, Seymour Greenfield, and Cy Reeves Snyder, Defendants.

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

November 15, 1978.

Attorney(s) appearing for the Case

Robert B. Fiske, Jr., U.S. Atty., S. D. N. Y., New York City, for United States; Alan R. Naftalis, Richard F. Ziegler, New York City, of counsel.

Irwin Rochman, New York City, for Seymour Greenfield; Irwin Rochman, New York City, of counsel.

Fischetti & Shargel, New York City, for Rita Ostrer; Ronald P. Fischetti, New York City, of counsel.

OPINION AND ORDER

KEVIN THOMAS DUFFY, District Judge:

Defendants Rita Ostrer and Seymour Greenberg have moved, pursuant to Fed.R. Crim.P. 8(b), for an order declaring a misjoinder and directing severance of certain Counts from the indictment in which they are named.1 The government has opposed these motions claiming that the indictment charges a series of acts which constitute a common scheme and that, accordingly, joinder of...

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