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UNITED STATES v. HOROWITZ

No. 78 CR 0166.

452 F.Supp. 415 (1978)

UNITED STATES of America v. Burton HOROWITZ, John Mongello, Robert McCarthy and Sheldon Golub, Defendants.

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

June 1, 1978.

Attorney(s) appearing for the Case

Robert B. Fiske, Jr., U. S. Atty., for the Southern District of New York, New York City, for United States of America; John S. Siffert, Asst. U. S. Atty., New York City, of counsel.

Greenfield & Koppelman, New York City, for defendant John Mongello.

Washor & Washor, Brooklyn, N. Y., for defendant Sheldon Golub.

OPINION AND ORDER

KEVIN THOMAS DUFFY, District Judge.

Defendants are charged in nine counts of a ten-count indictment with conspiracy, perjury, subornation of perjury and obstruction of proceedings before the National Labor Relations Board (NLRB). Count 10 additionally charges defendant Sheldon Golub with perjury before the grand jury. Defendant John Mongello has moved to dismiss the indictment as against him on the grounds of prosecutorial misconduct which...

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