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UNITED STATES v. LILL

Crim. A. Nos. 79-20045, 79-20056.

511 F.Supp. 50 (1980)

UNITED STATES of America v. Jerome Otto LILL, Mark Douglas Chadwick, Shahbaz Shane Zarintash, Marshall Mechanik, Steven Henry Riddle.

United States District Court, S. D. West Virginia, Charleston Division.

August 15, 1980.

Attorney(s) appearing for the Case

Robert B. King, U. S. Atty., Rebecca A. Betts, J. Timothy DiPiero, Asst. U. S. Attys., Charleston, W. Va., for plaintiff.

Richard G. Chosid, Bloomfield Hills, Mich., for Lill.

W. Dale Greene, Charleston, W. Va., for Chadwick.

Michael B. Pollack, New York, for Zarintash.

D. J. Esposito, Richmond, Va., Alan Silber, Newark, N.J., for Mechanik.

Edwin F. Kagin, Jr., Louisville, Ky., for Riddle.

MEMORANDUM ORDER

COPENHAVER, District Judge.

This matter is before the court on the defendants' motion to dismiss by virtue of a violation of Rule 6(d) of the Federal Rules of Criminal Procedure in that two government agents appeared simultaneously and testified interchangeably as witnesses before the grand jury returning the second of two indictments in this case. This issue was reserved from prior rulings by the court.

The procedural history of...

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