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U.S. v. WEXLER

No. 93-5719.

31 F.3d 117 (1994)

UNITED STATES of America, Petitioner, v. Victor WEXLER, Respondent, Honorable John W. Bissell, Nominal Respondent.

United States Court of Appeals, Third Circuit.

Decided July 14, 1994.

Sur Petition for Rehearing August 12, 1994.

Attorney(s) appearing for the Case

Paul A. Weissman (Argued), Edna B. Axelrod, Office of U.S. Atty., Newark, NJ, for petitioner.

Peter B. Bennett (Argued), Picco, Mack, Herbert, Kennedy, Jaffe and Yoskin, Trenton, NJ, for respondent.

BEFORE: GREENBERG AND ROTH, Circuit Judges and POLLAK, District Judge.

OPINION OF THE COURT

LOUIS H. POLLAK, Senior District Judge.

Before us is a petition from the United States for a writ of mandamus or prohibition directed to the Honorable John W. Bissell, United States District Judge for the District of New Jersey. The government's petition arises out of a pretrial order entered in a criminal tax fraud case against Victor Wexler which is to be tried before Judge Bissell. The order adopted a jury instruction on "genuine...

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