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UNITED STATES v. COPPOLA

No. 43, Docket 25177.

281 F.2d 340 (1960)

UNITED STATES of America, Plaintiff-Appellee, v. Frank R. COPPOLA, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Reargued December 15, 1959.

Decided May 20, 1960.

Attorney(s) appearing for the Case

James W. Knapp, Staff Asst., Department of Justice, Washington, D. C. (John O. Henderson, U. S. Atty., Western District of New York, Buffalo, N. Y., Leo J. Fallon, Sp. Asst. U. S. Atty., Western District of New York, Buffalo, N. Y., on the brief), for plaintiff-appellee.

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

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

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

MOORE, Circuit Judge.

Subsequent to the argument and decision of this case by the original panel, the United States petitioned for a rehearing en banc as to the defendant, Frank R. Coppola. 28 U.S.C.A. § 46(c). Because of the importance of the question involved, the petition was granted and a second argument was heard by all the active judges of the court.

The defendant, Frank R. Coppola...

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