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UNITED STATES v. HART

No. 82-1069.

693 F.2d 286 (1982)

The UNITED STATES of America v. HART, Orlando, Appellant.

United States Court of Appeals, Third Circuit.

Decided November 19, 1982.

Attorney(s) appearing for the Case

Richard A. Sprague, Jack L. Gruenstein (argued), Sprague & Rubenstone, Philadelphia, Pa., for petitioner.

Peter F. Vaira, U.S. Atty., Walter S. Batty, Jr., Elizabeth K. Ainslie (argued), Louis J. Ruch, Asst. U.S. Attys., Philadelphia, Pa., for respondent.

Before ALDISERT and HIGGINBOTHAM, Circuit Judges, and MEANOR, District Judge.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

We are asked in this case to review and set aside the conviction of appellant Orlando Hart on Counts One and Two of a thirteen-count indictment for mail fraud and a one-count indictment for conspiracy. The judgment on Count Two will be vacated and the appellant will be discharged on that count because the government failed as a matter of law to prove its case. We will affirm the district court...

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