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U.S. v. DIACOLIOS

No. 350, Docket 87-1320.

837 F.2d 79 (1988)

UNITED STATES of America, Appellant, v. Michael DIACOLIOS, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 15, 1988.

Attorney(s) appearing for the Case

Bruce A. Green, Asst. U.S. Atty. (Rudolph W. Giuliani, U.S. Atty., S.D.N.Y., Aaron R. Marcu, Asst. U.S. Atty., of counsel), for appellant.

Felix T. Gilroy, Staten Island, N.Y., for defendant-appellee.

Before KEARSE and ALTIMARI, Circuit Judges, and LASKER, District Judge.

ALTIMARI, Circuit Judge:

The government appeals, pursuant to 18 U.S.C. § 3731, from an order dismissing an indictment against defendant-appellee Michael Diacolios entered in the United States District Court for the Southern District of New York (Haight, J.). The indictment charged, inter alia, that defendant-appellee engaged in a conspiracy to defraud the United States by filing false claims for federal income tax refunds, in violation of 18 U.S.C. §...

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