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UNITED STATES v. BIRNBAUM

No. 88, Docket 30511.

375 F.2d 232 (1967)

UNITED STATES of America, Appellee, v. Saul I. BIRNBAUM, Appellant.

United States Court of Appeals Second Circuit.

Decided March 31, 1967.

Attorney(s) appearing for the Case

David W. Peck, Ben Herzberg, Norman Bernstein, Hays, Sklar & Herzberg, New York City, on the brief, for appellant.

Robert M. Morgenthau, U. S. Atty. for the Southern District of New York, Peter Fleming, Jr., Douglas S. Liebhafsky, Michael W. Mitchell, Asst. U. S. Attys., on the brief, for appellee.

Before LUMBARD, Chief Judge, and MOORE and KAUFMAN, Circuit Judges.

PER CURIAM.

In an apparent shift of emphasis, appellant has devoted the greater part of his petition for rehearing to arguing that we should have reversed his conviction because of Judge Cooper's alleged error in admitting Leonhardt's former testimony. Birnbaum's petition for rehearing merely restates — though at considerably greater length and with more vehemence — the same argument which we understood appellant to be making on the appeal proper, and...

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