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UNITED STATES v. GORI

No. 262, Docket 26048.

282 F.2d 43 (1960)

UNITED STATES of America, Appellee, v. Dante Edward GORI, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided July 22, 1960.

Petition for Rehearing Denied August 18, 1960.

Attorney(s) appearing for the Case

Jerome Lewis, Brooklyn, N. Y., for defendant-appellant.

Cornelius W. Wickersham, Jr., U. S. Atty., E. D. N. Y., Brooklyn, N. Y. (Margaret E. Millus, Asst. U. S. Atty., Brooklyn, N. Y., on the brief), for appellee.

Before LUMBARD, Chief Judge, and CLARK, WATERMAN, MOORE, and FRIENDLY, Circuit Judges.

CLARK, Circuit Judge.

This appeal, based upon the defendant-appellant's plea of former jeopardy to avoid a criminal conviction, came for hearing before a panel of this court consisting of Judge Waterman and the writer from this Circuit and Judge Lewis of the Tenth Circuit, sitting with us pursuant to statutory designation. In conference the court was in disagreement, Judges Waterman and Lewis voting to reverse and the writer voting to affirm. Draft opinions reflecting...

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