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UNITED STATES v. CARELLA

Nos. 271-273, Dockets 32670-32672.

411 F.2d 729 (1969)

UNITED STATES of America, Plaintiff-Respondent, v. Thomas J. CARELLA, Daniel J. Domino and Joseph C. Erhart, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided March 14, 1969.

Attorney(s) appearing for the Case

James P. Shea, Buffalo, N. Y., for defendant-appellant Joseph C. Erhart.

Edward K. O'Shea, Buffalo, N. Y., for defendant-appellant Thomas J. Carella.

Harold J. Boreanaz, Buffalo, N. Y., for defendant-appellant Daniel J. Domino.

Edgar C. Ne Moyer, Asst. U. S. Atty. (Andrew F. Phelan, U. S. Atty., Buffalo, N. Y., Michael W. Blommer, Dept. of Justice, Washington, D. C., of counsel), for plaintiff-appellee.

Before MOORE, FRIENDLY and FEINBERG, Circuit Judges.

FRIENDLY, Circuit Judge:

After a jury trial before Chief Judge Henderson in the District Court for the Western District of New York, appellants Domino, Carella and Erhart were convicted of conspiring to rob a Buffalo branch of the Marine Midland Trust Company of Western New York, a bank insured by the Federal Deposit Insurance Corporation, in violation of 18 U.S.C. §§ 371, 2113(a). At a previous trial the jury acquitted a codefendant and disagreed with respect...

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