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UNITED STATES v. ESKOW

Nos. 369, 455, Dockets 33128, 33129.

422 F.2d 1060 (1970)

UNITED STATES of America, Appellee, v. Gerald W. ESKOW and Fred H. Mackensen, Appellants.

United States Court of Appeals, Second Circuit.

Decided February 27, 1970.

Attorney(s) appearing for the Case

James W. Brannigan, Jr., Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, and Gary P. Naftalis, John H. Gross, Paul B. Galvani, Asst. U. S. Attys., New York City, of counsel), for appellee.

Herbert Burstein, Zelby & Burstein, New York City, for appellant, Eskow.

Edwin L. Gasperini, New York City (Fred J. Halsey, Jr., New York City, of counsel), for appellant, Mackensen.

Before LUMBARD, Chief Judge, FRIENDLY, Circuit Judge, and MANSFIELD, District Judge.

MANSFIELD, District Judge:

On November 5, 1968, following a four-week jury trial, defendants Gerald W. Eskow and Fred H. Mackensen were found guilty of using the mails in furtherance of a scheme to defraud eight insurance companies in connection with loans totaling some $2,350,000 to Yale Express Systems, Inc. ("Yale" herein) in violation of Title 18 U.S.Code §§ 1341 and 2, as charged in 31 counts of a 43-count indictment.1 They...

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