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UNITED STATES v. STOUT

Crim. No. 80-00110.

499 F.Supp. 602 (1980)

UNITED STATES of America v. Earl STOUT and Peter J. Serubo.

United States District Court, E. D. Pennsylvania.

September 30, 1980.

Attorney(s) appearing for the Case

Peter F. Vaira, U. S. Atty., Peter J. Smith, Luther E. Weaver, III, Asst. U. S. Attys., Philadelphia, Pa., for plaintiff.

Harvey A. Sernovitz, Philadelphia, Pa., for Serubo.

Richard A. Sprague and Robert E. Madden, Philadelphia, Pa., for Stout.

MEMORANDUM

JOSEPH S. LORD, III, Chief Judge.

Defendant Stout has moved to dismiss the mail fraud counts of the indictment (Counts 2 through 49). He contends that the conduct which the Government alleges constitutes a criminal violation of the mail fraud statute, 18 U.S.C. § 1341, is the identical conduct which Congress has regulated by the Landrum-Griffin Act, 29 U.S.C. §§ 401-531 (1959). Therefore...

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