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UNITED STATES v. KLEIN

No. 873, Docket 78-1052.

582 F.2d 186 (1978)

UNITED STATES of America, Appellee, v. Allen KLEIN, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 26, 1978.

Attorney(s) appearing for the Case

Gerald Walpin, New York City (Thomas J. DeZure, David C. Ash, Rosenman, Colin, Freund, Lewis & Cohen, New York City, of counsel), for defendant-appellant.

Thomas E. Engel, Asst. U.S. Atty., New York City (Robert B. Fiske, Jr., U.S. Atty. S. D. N.Y., Robert J. Jossen, Asst. U.S. Atty., New York City, of counsel), for appellee.

Before FEINBERG and MESKILL, Circuit Judges, and PORT, District Judge.

PORT, District Judge:

Appellant, Allen Klein, has appealed from two orders of Hon. Vincent L. Broderick, United States District Judge for the Southern District of New York, which denied a motion to dismiss the pending indictment against him, and after reargument adhered to the original ruling. Klein contends that a retrial after the sua sponte declaration of a mistrial, over his objection, by United States District Judge Charles M. Metzner1

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