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46, Marcia G. Cooke, J., granted motion, and denied Government's motion for reconsid- eration. Government appealed. Holding: The Court of Appeals, Tjoflat, Circuit Judge, held that counts were not multiplicitous and did not violate Double Jeopardy Clause. Reversed and remanded with instructions. 1.
ihu Root and William D. Guthrie, both of New York City, of counsel), for appellee Jacob Hoffman Brewing Co. Guggenheimer, Untermyer & Marshall, of New York City (Elihu Root and William D. Guthrie, both of New York City, of counsel), for appellee Clausen-Flanagan Brewery. •526 Fitch & Grant, of New York Cit
7 accordingly been issued restraining the United States attorney and the acting and deputy collector of internal revenue of the Third district of New York from enforcing, pending final hearing, certain acts of Congress. It seems to me that the rulings made are contrary to the powers of a court of equ
istrict of Florida, Nos. MISC-J-86.183-14, MISC-J-86-183- 4, Susan H. Black, J., which denied motions to suppress subpoenas. The Court of Appeals, Tjoflat, Circuit Judge, held that: (1) appellants could appeal denial of the motions to the extent that they asserted a privilege, but (2) Florida statute
cert. denied, 386 U.S. 1031, 87 S.Ct. 1479, 18 L.Ed.2d 592 (1967). In this case, compliance with the federal grand jury subpoena will not subvert New York's interest in maintaining the secrecy of grand jury proceedings because federal grand jury proceedings are also conducted secretly. The secrecy req
strict of Florida, Nos. MISC-J-86-183-14, MISC-J-86.183. 4, Susan H. Black, J., which denied motions to suppress subpoenas. The Court of Appeals, Tjoflat, Circuit Judge, held that: (1) appellants could appeal denial of the motions to the extent that they asserted a privilege, but (2) Florida statute
cert. denied, 386 U.S. 1031, 87 S.O. 1479, 18 L.Ed.2d 592 (1967). In this case, compliance with the federal grand jury subpoena will not subvert New York's interest in maintaining the secrecy of grand jury proceedings because federal grand jury proceedings are also conducted secretly. The secrecy req
rs and the right to be treated fairly by them, do not attach until criminal proceedings have been initiated against a defendant. Petition denied. Tjoflat, Circuit Judge, filed a concurring opinion. Hull, Senior Circuit Judge, filed a dissenting opinion. Procedural Posture(s): Petition for Writ of Man
after the remedy briefing here was completed. That hearing, scheduled on six days' notice, involved potential prosecution in New York for crimes in New York—not those in Florida. There is no evidence, and the District Court made no factual findings, about what transpired WESTLAW @ 2020 Thomson Reuters.
strict of Florida. Nos. MISC-J-86-183-14, MISC-J-86.183- 4, Susan H. Black, J., which denied motions to suppress subpoenas. The Court of Appeals, Tjoflat, Circuit Judge, held that: (1) appellants could appeal denial of the motions to the extent that they asserted a privilege, but (2) Florida statute
ctn. denied, 386 U.S. 1031, 87 S.Ct. 1479, 18 L.Ed.2d 592 (1967). In this case, compliance with the federal grand jury subpoena will not subvert New York's interest in maintaining the secrecy of grand jury proceedings because federal grand jury proceedings are also conducted secretly. The secrecy req
, denied permanent injunction but granted declaratory relief in favor of the plaintiff. On appeal by the county prosecutor, the Court of Appeals, Tjoflat, Circuit Judge, held that: (1) injunctive relief was properly denied where reasonable prosecutor could believe there was probable cause that those
, Hanson & Molloy, Adam Augustine Caner, Law Office of Adam A. Carter, Washington, DC, for Appellant. Neil Matthew Corwin, U.S. Attorney's Office, New York, NY, for Appellees. Before: and ROGERS, Circuit Judges, SIIIMnior Circuit Judge. JUDGMENT PER CURIAM. "1 This case was considered on the recor
strict of Florida, Nos. MISC-J-86-183-14, MISC-1.86.183- 4, Susan H. Black, J., which denied motions to suppress subpoenas. The Court of Appeals, Tjoflat, Circuit Judge, held that: (1) appellants could appeal denial of the motions to the extent that they asserted a privilege, but (2) Florida statute
cert. denied, 386 U.S. 1031, 87 S.Ct. 1479, 18 L.Ed.2d 592 (1967). In this case, compliance with the federal grand jury subpoena will not subvert New York's interest in maintaining the secrecy of grand jury proceedings because federal grand jury proceedings are also conducted secretly. The secrecy req
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