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UNITED STATES v. FANNING

No. 72-1896.

477 F.2d 45 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. William FANNING et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied May 29, 1973.

Attorney(s) appearing for the Case

Klyde Robinson, Charleston Heights, S. C., for Fanning.

Donald I. Bierman, Miami, Fla., for Marmorstein.

Edward R. Shohat, Miami, Fla., for Dixon.

Warren E. Magee, Washington, D. C., Theodore Klein, Miami, Fla., for Von Zamft.

Robert W. Rust, U. S. Atty., Lloyd G. Bates, Jr., Asst. U. S. Atty., Miami, Fla., Peter M. Shannon, Jr., Atty. Criminal Div., Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before ALDRICH, SIMPSON and CLARK, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 29, 1973.

ALDRICH, Circuit Judge:

Appellants, and others, were convicted, after a joint trial, of conspiracy to misapply funds of a national bank and of making false entries in bank records with intent to defraud. 18 U.S.C. §§ 371, 656 and 1005. Following affirmance, sub nom., Gordon v. United States, 5 Cir., 1971, 438 F.2d 858, cert. denied, 404 U.S. 828, 92 S.Ct. 63, 30...

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