The following excerpt is from United States v. Beltram, 388 F.2d 449 (2nd Cir. 1968):
Accordingly, I agree with my brother Friendly's dissent in United States v. Payton, 363 F.2d 996, 999 ff. (2d Cir.), cert. denied 385 U.S. 993, 87 S.Ct. 606, 17 L.Ed.2d 453 (1966), and would reverse the judgment below as against both appellants and dismiss the indictment. This would not let appellants go scot free, as there would be time to reindict them and have their guilt or innocence passed upon again on a record not tainted with irregularity.
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