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UNITED STATES v. LONARDO

Nos. 15681-15684.

350 F.2d 523 (1965)

UNITED STATES of America, Plaintiff-Appellee, v. Dominic C. LONARDO, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Mario John GUERRIERI, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Peter MANOS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Richard A. STEWART, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

September 9, 1965.

Attorney(s) appearing for the Case

James J. Carroll, and Gerald S. Gold, Cleveland, Ohio, for Dominic C. Lonardo.

Gerald S. Gold, Cleveland, Ohio, for Richard A. Stewart.

Nathaniel R. Jones, Asst. U. S. Atty., Cleveland, Ohio, Merle M. McCurdy, U. S. Atty., Cleveland, Ohio, on brief, for appellee.

Before O'SULLIVAN, PHILLIPS and EDWARDS, Circuit Judges.

EDWARDS, Circuit Judge.

The United States is

"* * * a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done." Berger v. United States, 295 U.S. 78, 88, 55 S.Ct. 629, 633, 79 L.Ed. 1314 (1935).

Defendants-appellants were found guilty by a jury on one...

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