No. 197, Docket 31708.

390 F.2d 537 (1968)

UNITED STATES of America, Appellee, v. Herbert A. ELLENBOGEN, Appellant.

United States Court of Appeals Second Circuit.

Decided February 27, 1968.

Attorney(s) appearing for the Case

Daniel H. Greenberg, New York City, for appellant.

Lee A. Albert, Asst. U. S. Atty., Southern Dist. of New York (Robert M. Morgenthau, U. S. Atty., Michael S. Fawer and Pierre N. Leval, Asst. U. S. Attys., Southern Dist. of New York, on the brief), for appellee.

Before KAUFMAN, ANDERSON and FEINBERG, Circuit Judges.

ANDERSON, Circuit Judge:

In February of 1964, Samuel DeChellis and the appellant Herbert A. Ellenbogen were indicted for conspiracy to defraud the United States.1 In the indictment the appellant was also charged with two counts of bribery of a federal employee2 and DeChellis was charged with two counts of receiving the bribes from the appellant.3 DeChellis pleaded guilty to the...


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