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UNITED STATES v. OSTRER

No. 486, Docket 78-1318.

597 F.2d 337 (1979)

UNITED STATES of America, Appellee, v. Louis C. OSTRER, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 23, 1979.

Attorney(s) appearing for the Case

Alan M. Dershowitz, Cambridge, Mass. (Silverglate, Shapiro & Gertner, Boston, Mass., Harvey A. Silverglate and Ann Lambert Greenblatt, Boston, Mass., of counsel), for defendant-appellant.

Richard F. Ziegler, Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty. S. D. N. Y., Alan R. Naftalis and Howard W. Goldstein, Asst. U. S. Attys., New York City, of counsel), for appellee.

Before WATERMAN, GURFEIN and VAN GRAAFEILAND, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

This is an appeal from an order of the United States District Court for the Southern District of New York disqualifying Michael B. Pollack, Esq., from representing appellant in a pending criminal prosecution. The ground for disqualification was that, while employed as a Government attorney, Pollack had participated in criminal investigations so related to the present action

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