UNITED STATES v. WEDALOWSKI

No. 532, Docket 77-1406.

572 F.2d 69 (1978)

UNITED STATES of America, Appellant, v. James F. WEDALOWSKI, Appellee.

United States Court of Appeals, Second Circuit.

Decided March 6, 1978.


Attorney(s) appearing for the Case

Richard J. Arcara, U. S. Atty. for the Western District of New York, Buffalo, N. Y. (James A. Fronk, Asst. U. S. Atty., Buffalo, N. Y., of counsel), for appellant.

Salten Rodenberg, Buffalo, N. Y., for appellee.

Before FEINBERG and OAKES, Circuit Judges, and WYATT, Senior District Judge.


WYATT, District Judge:

On this appeal, the question is whether the district judge (Elfvin, J.) was correct in determining, after careful consideration, that the government was not ready for trial within the time required by the rules then applicable in the Western District of New York. On the basis of that determination, the indictment was dismissed by oral order in open court on July 27, 1977. A written judgment of dismissal was filed on August 11, 1977. The government...

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