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UNITED STATES v. ZITO

Nos. 76, 77, Dockets 72-1290, 72-1291.

467 F.2d 1401 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony ZITO and Vincent Zito, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided October 6, 1972.

Attorney(s) appearing for the Case

John T. Spotila, Atty., Dept. of Justice, Washington, D.C. (Robert Morse, U. S. Atty., E. D. N. Y., Sidney M. Glazer, Atty., William T. Murphy, Special Atty., Dept. of Justice, on the brief), for appellee.

James M. La Rossa, New York City (Ronald P. Fischetti and Gerald L. Shargel, New York City, on the brief), for appellants.

Before FRIENDLY, Chief Judge, and LUMBARD and FEINBERG, Circuit Judges.

LUMBARD, Circuit Judge:

Anthony and Vincent Zito were convicted in a jury trial before Judge Dooling in the Eastern District of New York of violating 18 U.S.C. § 894, which prohibits "the use of any extortionate means (1) to collect or attempt to collect any extension of credit, or (2) to punish any person for the nonrepayment thereof." Both defendants were sentenced to four years imprisonment. We affirm the convictions.

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