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UNITED STATES v. KAYLOR

No. 1048, Docket 73-1530.

491 F.2d 1127 (1973)

UNITED STATES of America, Appellee, v. James KAYLOR and Willie Glen Hopkins, Appellants.

United States Court of Appeals, Second Circuit.

Decided October 15, 1973.

Attorney(s) appearing for the Case

Michael J. Gillen, Brooklyn, N. Y., for appellant Kaylor.

Mark A. Landsman, Brooklyn, N. Y. (Lawrence Stern, New York City, of counsel), for appellant Hopkins.

Kenneth J. Kaplan, Asst. U. S. Atty. (Robert A. Morse, U. S. Atty. E. D. N. Y., L. Kevin Sheridan, Asst. U. S. Atty.), for appellee.

Before MOORE and OAKES, Circuit Judges; GURFEIN, District Judge.

OAKES, Circuit Judge:

This appeal arises out of convictions for the theft of a tractor-trailer containing a shipment of 49 head of hung beef valued on July 20, 1972, the time of the theft, at $22,000. The convictions were on a substantive count of stealing, with intent to convert to appellants' own use (18 U.S.C. § 659), the tractor-trailer, which was traveling in interstate commerce from Dakota City, Nebraska, to the...

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