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UNITED STATES v. NEWMAN

No. S81 Cr. 53-CSH.

534 F.Supp. 1109 (1982)

UNITED STATES of America, v. James Mitchell NEWMAN, Defendant.

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

February 25, 1982.

Attorney(s) appearing for the Case

John S. Martin, Jr., U.S. Atty., S.D.N.Y., New York City, for the U.S.; Lee S. Richards, Asst. U.S. Atty., New York City, of counsel.

Gordon, Hurwitz, Butowsky, Baker, Weitzen & Shalov, New York City, for defendant; Franklin B. Velie, New York City, of counsel.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

This memorandum deals with a number of motions argued by counsel on February 24, 1982.

The Government's application (I so construe the correspondence and oral argument) to dismiss the present superseding indictment without prejudice is granted. Defendant's motion that the dismissal be with prejudice is denied.

While not conceding that the indictment is subject to dismissal in law, the Government...

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