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UNITED STATES v. RATNER

No. 71-3510.

464 F.2d 169 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Paul Gary RATNER, a/k/a Richard M. Parlato, a/k/a Michael Lemoine, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 18, 1972.

Attorney(s) appearing for the Case

Rudolph F. Becker, III, New Orleans, La., for defendant-appellant.

Gerald J. Gallinghouse, U. S. Atty., Stephen L. Dunne, Mary Williams Cazalas, Asst. U. S. Attys., New Orleans, La., for plaintiff-appellee.

Before BELL, GOLDBERG, and RONEY, Circuit Judges.

BELL, Circuit Judge:

Appellant was convicted for violating 18 U.S.C.A. § 485,1 in that he possessed eleven counterfeit gold coins with intent to defraud. The coins, in the statutory language, were in "resemblance and similitude" of gold coins in the denomination of $1.00 coined in the mints of the United States in 1853. We reverse on a procedural error and reach those questions which are likely to arise on retrial.

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