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UNITED STATES v. PICK

No. S 82 Cr. 0352 (LFM).

550 F.Supp. 123 (1982)

UNITED STATES of America, v. Albert PICK and Jordan Mittler, Defendants.

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

October 28, 1982.

Attorney(s) appearing for the Case

Sidney Meyers, New York City, for defendant Mittler.

John S. Martin, Jr., U.S. Atty. S.D.N.Y. by William B. Pollard and Bruce Baird, Asst. U.S. Attys., New York City, for U.S.

MEMORANDUM and ORDER

MacMAHON, Senior District Judge.

Defendants are charged in a five-count indictment with mail fraud, bank robbery and conspiracy to commit mail fraud and bank robbery, in violation of 18 U.S.C. §§ 371, 1341 and 2113(a). Defendant Mittler has moved to dismiss count five, the bank robbery count, and count three which charges a conspiracy to commit bank robbery. Mittler contends that the crime of mail fraud lies outside the scope...

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