UNITED STATES v. CATALDO

Nos. 110, 111, Dockets 34644, 34659.

433 F.2d 38 (1970)

UNITED STATES of America, Appellee, v. Joseph CATALDO and James Lucakos, a/k/a James Lucas, T/N James Lucakas, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided October 26, 1970.


Attorney(s) appearing for the Case

Herald Price Fahringer, Jr., Buffalo, N. Y. (Lipsitz, Green, Fahringer, Roll, Schuller & James, Buffalo, N. Y., and Irving Anolik, New York City, of counsel), for Joseph Cataldo.

H. Elliot Wales, New York City, for James Lucas.

Harold Baer, Jr., Asst. U. S. Atty., New York City (Whitney North Seymour, Jr., U. S. Atty., S. D., New York, and James W. Brannigan, Jr., and Ross Sandler, Asst. U. S. Attys., New York City, of counsel), for appellee.

Before WATERMAN, MOORE and KAUFMAN, Circuit Judges.


MOORE, Circuit Judge:

Joseph Cataldo (Cataldo) and James Lucakos (Lucas)1 appeal from judgments of conviction after trial to court and jury of the crimes of conspiracy and receiving and selling securities of a value in excess of $5,000 moving in interstate commerce, knowing the securities to have been stolen, 18 U.S.C. §§ 2, 371, 2314 and 2315. Count 1 charged a conspiracy by Cataldo, Lucas, and four other defendants Spiro Williams...

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