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UNITED STATES v. BERGER

Nos. 903-905, Dockets 33962, 34321, 34322.

433 F.2d 680 (1970)

UNITED STATES of America, Appellee, v. Samuel BERGER, Yvette Feinstein and Travis Levy, Appellants.

United States Court of Appeals, Second Circuit.

Decided October 14, 1970.

Attorney(s) appearing for the Case

Edward M. Shaw, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y., Robert G. Morvillo, Harold F. McGuire, Jr., Asst. U. S. Atty., on the brief), for appellee.

Jay H. Topkis, New York City (Daniel P. Levitt, Jack C. Auspitz, Paul, Weiss, Goldberg, Rifkind, Wharton & Garrison, New York City, on the brief), for appellant Berger.

Daniel H. Greenberg, New York City, for appellants Levy and Feinstein.

Before FRIENDLY, SMITH and HAYS, Circuit Judges.

HAYS, Circuit Judge:

I.

Samuel Berger, Yvette Feinstein and Travis Levy appeal from judgments of conviction entered after a jury trial in the United States District Court for the Southern District of New York. The indictment under which they were convicted was in three counts, each charging conspiracy to pay illegal kickbacks to labor union welfare and pension fund officials in violation of 18 U.S.C. § 371 (1964) and 18 U.S.C. § 1954 (1964).

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