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UNITED STATES v. RUSSO

Nos. 348-349, Dockets 35255, 35389.

442 F.2d 498 (1971)

UNITED STATES of America, Appellee, v. Leonard RUSSO and David Wenger, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided April 8, 1971.

Attorney(s) appearing for the Case

Gilbert S. Rosenthal, New York City, for defendant-appellant Leonard Russo.

Irving Anolik, New York City, for defendant-appellant David Wenger.

Thomas J. Fitzpatrick, Asst. U. S. Atty., New York City (Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y., New York City and Maurice McDermott, Asst. U. S. Atty., on the brief), for appellee.

Before MOORE, KAUFMAN and HAYS, Circuit Judges.

MOORE, Circuit Judge:

Defendants Leonard Russo (Russo) and David Wenger (Wenger) were convicted for violating 18 U.S.C. §§ 371 and 1954 in that Russo conspired with various persons to pay illegal kickbacks to Wenger, an agent and counsel of the Central States Southeast and Southwest Area Pension Fund of the International Brotherhood of Teamsters (the Fund),1 which violation was charged in Count One of the indictment in this case...

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