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U.S. v. YASAK

No. 88-3474.

884 F.2d 996 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph YASAK, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 6, 1989.

Attorney(s) appearing for the Case

Thomas M. Durkin and Barbara F. Lazarus, Asst. U.S. Attys., Office of the U.S. Atty., Chris Gair, Chicago, Ill., for the U.S., plaintiff-appellee.

Sam Adam, Chicago, Ill., and Mark Martin, for Joseph Yasak, defendant-appellant.

Before WOOD, Jr., MANION and KANNE, Circuit Judges.

MANION, Circuit Judge.

Joseph A. Yasak was charged in a one-count information with knowingly making a false declaration regarding a material fact while testifying under oath before a grand jury. 18 U.S.C. § 1623.1 He moved under Fed.R.Crim.P. 12(b) to dismiss the information, claiming that, among other things, his responses to the grand jury's questions were literally true, and thus incapable of constituting perjury; that the grand...

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