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UNITED STATES v. GILLILAN

No. 128, Docket 26331.

288 F.2d 796 (1961)

UNITED STATES, Appellee, v. Charles H. GILLILAN, Albert A. Finer, Joseph R. Snyder, Apex Distributing Company, Inc., Wilshire Sales Associates, Inc. and Melrose Corporation, Appellants.

United States Court of Appeals Second Circuit.

Decided April 5, 1961.

Attorney(s) appearing for the Case

Daniel H. Greenberg, New York City, for Charles H. Gillilan and others.

Myles B. Amend, Myles B. Amend, Jr., New York City, of counsel for Charles H. Gillilan.

Lyle W. Rucker, Los Angeles (Daniel H. Greenberg, New York City, of counsel), for Joseph R. Snyder.

Marie L. McCann, Cornelius W. Wickersham, Jr., U. S. Atty., Eastern Dist. of New York, Brooklyn, N. Y., Eugene M. Grimmig, Asst. U. S. Atty., of counsel, for appellee.

Before CLARK, WATERMAN and HAND, Circuit Judges.

HAND, Circuit Judge.

These appeals arise upon a judgment of conviction before Judge Rayfiel upon eleven counts of an indictment, of which Counts One and Eleven were for "conspiracy" and Counts Two to Ten were for "fraudulent" invoices paid by the Navy. There were a number of other counts which for one reason or another were dismissed. We shall first discuss Count One, then collectively Counts Two to Ten, and finally Count Eleven.

Count One charged a conspiracy...

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