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CARUSO v. UNITED STATES

No. 26693.

414 F.2d 225 (1969)

Ray CARUSO and Donald V. Ostergard, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 3, 1969.

Attorney(s) appearing for the Case

Frank E. Freeman, Charles W. Herr, Miami, Fla., for appellants.

William A. Meadows, Jr., U. S. Atty., J. V. Eskenazi, Noel E. Sonnett, Asst. U. S. Attys., Miami, Fla., for appellee.

Before WISDOM and MORGAN, Circuit Judges, and DAVIS, Judge of the United States Court of Claims.

PER CURIAM:

Ray Caruso was charged with obtaining $3,650 from Robert Norman in violation of 18 U.S.C. § 912. Donald Ostergard was charged with aiding and abetting Caruso. Section 912 provides as follows:

Whoever falsely assumes or pretends to be an officer or employee acting under the authority of the United States or any department, agency or officer thereof, and acts as such, or in such pretended character demands or obtains any money, paper, document...

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