The opinion of the court was delivered by: BYERS
There are before the court two motions in this case argued on November 16th.
The first was made on the part of the defendant Dardi and sought an order directing the United States Attorney to permit inspection of certain papers and documents, etc., being those specified in Appendix A attached to the affidavit of Joseph A. Tracy, attorney for the said defendant, verified October 28, 1959.
There were thirteen specifications therein listed which were disposed of during the argument as follows:
1. Fox note for $ 115,000 to Bon Ami Company, due on or about April 26, 1957.
It is understood that the Government cannot comply with this request because the whereabouts of the note are unknown.
As to this, the motion is denied with leave to renew if the document becomes available to the United States.
2. Collateral on said note -- offer of Matthew Fox to Alexander L. Guterma to furnish to the Bon Ami Company, etc.
It was stated that the defendant does not press this. It is consequently deemed to have been withdrawn.
3 and 4 have to do with the acceptance dated May 10, 1957 by Comficor, Inc. of Guild Film Company, Inc. obligation to furnish $ 500,000 of television time; and contract of June 20, 1957 between Comficor, Inc. and Chatham Corporation.
It was stated that the foregoing had been supplied to this defendant. Accordingly as to them the motion is deemed to have been withdrawn.
5. Chatham Corporation check for $ 100,000 to Guild Film Company, Inc., dated on or about June 20, 1957.
As to this it was stated that the United States cannot comply with the request but will seek to ascertain and advise said defendant of the name of the bank involved. Consequently the motion is deemed to have been withdrawn.
6. and 7. Notes of Bon Ami Company in the several amounts of $ 130,000 and two of $ 100,000 each, the first due October 18, 1957 and the two latter December 20, 1957; also Bon Ami Company $ 100,000 note payable to Chatham Corporation, due December 20, 1957.
As to the foregoing it was stated that these have been supplied by the United States to the said defendant, and as to them the motion ...