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U.S. v. TUROFF

No. CR-87-185.

701 F.Supp. 981 (1988)

UNITED STATES of America, Plaintiff, v. Jay L. TUROFF, Donald Sherman, and Ronald Sherman, Defendants.

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

December 22, 1988.

Attorney(s) appearing for the Case

Laurence A. Urgenson, Chief Asst. U.S. Atty., Brooklyn, N.Y., for plaintiff.

Edward Rappaport, New York City, for Jay L. Turoff.

Michael Rosen, New York City, for Donald Sherman.

Gerald L. Shargel, New York City, for Ronald Sherman.

MEMORANDUM AND ORDER

GLASSER, District Judge:

Defendants have moved to dismiss the indictment in this case on the ground that, under the holding in McNally v. United States, 483 U.S. 350, 107 S.Ct. 2875, 97 L.Ed.2d 292 (1987), it fails to allege a violation of the mail fraud statute, 18 U.S.C. § 1341.

For the reasons stated below, defendants' motion is denied.

FACTS

The superseding indictment...

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