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UNITED STATES v. HAYUTIN

Nos. 206, 444, Dockets 31465, 32164.

398 F.2d 944 (1968)

UNITED STATES of America, Plaintiff-Appellee, v. Marvin HAYUTIN and Leon Nash, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided July 29, 1968.

Certiorari Denied November 25, 1968.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., for the Southern District of New York (Frank M. Tuerkheimer, Paul R. Grand, Pierre N. Leval, Asst. U. S. Attys.), for appellee.

Carro, Spanbock & Londin, New York City (Jerome J. Londin and Allen Green, New York City), for appellant Leon Nash.

Shea, Gallop, Climenko & Gould, New York City (Milton S. Gould, Michael Lesch, and Samuel J. Gilbert, New York City), for appellant Marvin Hayutin.

Before KAUFMAN and HAYS, Circuit Judges, and RYAN, District Judge.

Certiorari Denied November 25, 1968. See 89 S.Ct. 400, 402.

RYAN, District Judge:

We have here two appeals from judgments of conviction following separate trials, but emanating from the same indictment.

Nash's appeal is from a conviction on five counts after the first trial — on which the jury had disagreed as to Hayutin but convicted 5 other defendants. Hayutin appeals from his conviction on 14 counts...

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