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UNITED STATES v. PERSICO

No. 263, Docket 71-1648.

454 F.2d 721 (1972)

UNITED STATES of America, Appellee, v. Carmine J. PERSICO, Jr., et al., Appellants.

United States Court of Appeals, Second Circuit.

Decided January 13, 1972.

Attorney(s) appearing for the Case

Maurice Edelbaum, New York City, for appellant Persico.

Roy M. Cohn, New York City, for appellant Albanese.

Henry J. Boitel, New York City, on the brief, for appellants Persico and Albanese.

Harry Rosenberg, Mineola, N. Y. (Rosenberg, Rosenberg & Rockman, Marc A. Rosenberg, Mineola, N. Y., on the brief), for appellant Spero.

Edmund Allen Rosner, New York City (Rosner & Rosner, Nancy Rosner, New York City, on the brief), for appellant McIntosh.

Shirley Baccus-Lobel, Atty., Dept. of Justice, Washington, D. C. (Robert A. Morse, U. S. Atty., E. D. N. Y., Sidney M. Glazer, Atty. Dept. of Justice, on the brief), for appellee.

Before HAYS, FEINBERG and MANSFIELD, Circuit Judges.

PER CURIAM:

This is an appeal from an order of the United States District Court for the Eastern District of New York, John F. Dooling, Jr., J., denying a motion for a new trial brought on the ground of newly discovered evidence. This case, arising out of the hijacking of a truck in July 1959, has been before this court on four prior occasions. On the last, we affirmed the convictions of these appellants after their fifth trial, United States v. Persico,

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