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UNITED STATES v. BUDZANOSKI

Nos. 71-2030, 71-2031.

462 F.2d 443 (1972)

UNITED STATES of America v. Michael BUDZANOSKI, Appellant in No. 71-2030, and John Seddon. Appeal of John SEDDON, No. 71-2031.

United States Court of Appeals, Third Circuit.

Decided June 12, 1972.

Attorney(s) appearing for the Case

Paul A. Simmons, Hormell, Tempest, Simmons, Bigi & Melenyzer, Monongahela, Pa., for appellant Michael Budzanoski.

Lloyd F. Engle, Jr., Kuhn, Engle & Blair, Melvin P. Stein, Pittsburgh, Pa., for appellant John Seddon.

Marshall Tamor Golding, Dept. of Justice, Crim. Div., Washington, D. C., Henry E. Petersen, Asst. Atty. Gen., Crim. Div., Thomas H. Henderson, Jr., Hays Gorey, Jr., Trial Attys., U. S. Dept. of Justice, Washington, D. C., for the United States.

Before MAX ROSENN and JAMES ROSEN, Circuit Judges, and VAN ARTSDALEN, District Judge.

OPINION OF THE COURT

MAX ROSENN, Circuit Judge.

I. THE FACTS

Appellants Michael Budzanoski and John Seddon are President and Secretary-Treasurer, respectively, of District 5 of the United Mine Workers of America, located in Pittsburgh, Pennsylvania. They were convicted in a jury trial as indicted on four counts. Three of the counts charged them with violations of Section 209 of the Labor-Management Reporting and Disclosure Act of 1959 (also known...

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