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UNITED STATES v. SIMMONS

No. 118, Docket 25257.

281 F.2d 354 (1959)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph SIMMONS, a/k/a Joseph Synakowski, James Millio and Frank R. Coppola, Defendants-Appellants, and Dario D'Antuono, a/k/a "Danny" D'Antuono, and Carmelo J. Giambra, Defendants.

United States Court of Appeals Second Circuit.

Decided July 20, 1959.

Reargued December 15, 1959.

Decided May 20, 1960.

Attorney(s) appearing for the Case

Leo J. Fallon, Asst. U. S. Atty., W.D. N.Y., Buffalo, N. Y. (John O. Henderson, U. S. Atty., W.D.N.Y., Buffalo, N. Y., on the brief), for plaintiff-appellee.

William D. O'Neill, Buffalo, N. Y., for defendant-appellant James Millio.

William B. Mahoney, Buffalo, N. Y., for defendant-appellant Frank Coppola.

Charles J. McDonough, Buffalo, N. Y., for defendant-appellant Joseph Simmons.

Before WASHINGTON, WATERMAN and MOORE, Circuit Judges.

Reargued before the Court En Banc, December 15, 1959.

WATERMAN, Circuit Judge.

On October 2, 1956 the Linwood Branch of the Liberty Bank of Buffalo, New York, a member bank of the Federal Reserve System, was held up and robbed. On February 4, 1957 a six-count indictment was filed charging the appellants herein, Frank R. Coppola, Joseph Simmons and James Millio, and Dario D'Antuono and Carmelo Giambra with the commission of the crime. The first three counts...

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