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UNITED STATES v. DIAMOND

No. 27602.

430 F.2d 688 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Harold M. DIAMOND, Bernard Sacks, Sam Sacks and Mac Kinsbruner, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 29, 1970.

Attorney(s) appearing for the Case

E. David Rosen, Miami, Fla., for Kinsbruner, Bernard Sacks, and Sam Sacks.

Richard M. Gale, Miami, Fla., James J. Hogan, Sam Sacks, Alan E. Weinstein, Miami Beach, Fla., for Harold M. Diamond.

Robert W. Rust, U. S. Atty., Theodore Klein, William A. Daniel, Jr., Asst. U. S. Attys., Michael J. Osman, Acting U. S. Atty., Miami, Fla., for appellee.

Before PHILLIPS, BELL and SIMPSON, Circuit Judges.

SIMPSON, Circuit Judge:

The Grand Jury for the District of Arizona returned a sixteen count indictment originally charging the four appellants and two others with mail fraud in violation of Title 18, U.S.C., Section 1341.1 The indictment was dismissed as to one of the other two defendants, an attorney, prior to trial and judgment of acquittal was entered as to the other, Sol Markowitz, during trial. On the motion of the United States Count...

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