OPINION
SIMMONS, District Judge.
I.
On October 19, 1982, a three count indictment was filed charging Defendants Bert Gigli and Edward Gigli with violations of 18 U.S.C. §§ 371, 152 and 2. On October 20, 1983, the indictment against Defendant Edward Gigli was dismissed with prejudice, due to the death of Defendant Edward Gigli. Trial as to Defendant Bert Gigli commenced October 27, 1983, and on...
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