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U.S. v. MARIANI

No. 3:CR-98-307.

121 F.Supp.2d 803 (2000)

UNITED STATES of America, v. Renato P. MARIANI, Michael L. Serafini, Leo R. Del Serra, Alan W. Stephens,

United States District Court, M.D. Pennsylvania.

November 15, 2000.

Attorney(s) appearing for the Case

Eli C. Shulman, Floyd Abrams, Susan Buckley, James E. Rosenfeld, Cahill, Gordon & Reindel, New York City, Renato P. Mariani, Dunmore, PA, Thomas Colas Carroll, Mark E. Cedrone, Carroll & Cedrone, Philadelphia, PA, for Renato P. Mariani.

Michael L. Serafini, Moosic, PA, pro se.

Gregory T. Magarity, Philadelphia, PA, for Michael L. Serafini.

Leo R. Del Serra, West Pittston, PA, pro se.

Robert E. Welsh, Jr., Welsh & Recker, P.S., Philadelphia, PA, for Leo R. Del Serra.

Alan W. Stephens, Mountaintop, PA, pro se.

Harold M. Kane, Lake Ariel, PA, for Alan W. Stephens.

Bruce Brandler, U.S. Attorney's Office, Harrisburg, PA, for U.S.

MEMORANDUM

VANASKIE, Chief Judge.

Defendant Renato Mariani has moved to dismiss the indictment, with prejudice, on the ground that United States Attorney David Barasch should not have appeared before the indicting grand jury in this case because Mr. Barasch was purportedly burdened by an impermissible "conflict of interest." The disabling conflict is said to arise from the fact that Mr. Barasch had been involved in attempts to regulate the solid waste...

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