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UNITED STATES v. VIVIANO

No. 299, Docket 35165.

437 F.2d 295 (1971)

UNITED STATES of America, Appellee, v. Cesare VIVIANO, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 25, 1971.

Attorney(s) appearing for the Case

Myron J. Greene, New York City (Howard R. Udell, New York City, on the brief), for appellant.

Arthur A. Munisteri, Asst. U. S. Atty., S. D. N. Y. (Whitney North Seymour, Jr., U. S. Atty., and Jack Kaplan, Asst. U. S. Atty., S. D. N. Y., on the brief), for appellee.

Before LUMBARD, Chief Judge, and WATERMAN and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge:

On May 24, 1968 Cesare Viviano was indicted for conspiring to violate 18 U. S.C. §§ 201(b) and 201(f) by offering a bribe in the amount of two hundred dollars to an inspector of the Internal Revenue Service in exchange for information from the confidential files of the Inspection Service (Count 1, 18 U.S.C. § 371), and giving a bribe (Count 2, 18 U.S.C. § 201(b)) or, in the alternative, a gratuity (Count 3, 18 U.S.C. &...

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