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UNITED STATES v. ALPER

Nos. 19366, 71-1318.

449 F.2d 1223 (1971)

UNITED STATES of America v. Frank ALPER, Appellant, et al. UNITED STATES of America v. Frank ALPER et al. Appeal of Stanley M. GREENBERG.

United States Court of Appeals, Third Circuit.

Decided September 14, 1971.

As Amended November 2, 1971.

Attorney(s) appearing for the Case

A. Charles Peruto, Lorch, Ryan, Peruto, Vitullo & Tinari, Philadelphia, Pa., argued for appellants in No. 19366.

John R. McConnell, Philadelphia, Pa. (Thomas M. Kittredge, Morgan, Lewis & Bockius, Philadelphia, Pa., on the brief), for appellants in No. 71-1318.

J. Frank Cunningham, Craig C. Donsanto, Dept. of Justice, Crim. Div., Washington, D. C. (Louis C. Bechtle, U. S. Atty., Washington, D. C., on the brief), for appellee.

Before SEITZ, Chief Judge, and GIBBONS and ROSENN, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

Defendant-appellants Alper and Greenberg were indicted on March 20, 1968. The indictment, in twenty-one counts, charged Alper, Greenberg and one Feiner as defendants in a conspiracy count in which one Hartsock is named as a co-conspirator. 18 U.S.C. § 371 (1964). It charges Alper, Greenberg and Feiner with twenty counts of mail fraud. 18 U.S.C. § 1341 (1964). All three defendants pleaded not guilty and...

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