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UNITED STATES v. GIMELSTOB

Nos. 72-1622 to 72-1625.

475 F.2d 157 (1973)

UNITED STATES of America v. Herbert Martin GIMELSTOB, Appellant in No. 72-1625, et al. Appeal of Victor FRIEDLANDER, in No. 72-1622. Appeal of Leonard SHERMAN, in No. 72-1623. Appeal of Joseph TREMARCO, in No. 72-1624.

United States Court of Appeals, Third Circuit.

Decided February 21, 1973.

Attorney(s) appearing for the Case

Michael A. Querques, Querques, Isles & Weissbard, Orange, N. J., for Friedlander.

Yale Manoff, Weinberg & Manoff, Springfield, N. J., for Sherman.

Myron P. Maurer, Maurer & Maurer, Newark, N. J., for Tremarco.

Raymond A. Brown, Brown, Vogelman, Morris & Ashley, Jersey City, N. J., for Gimelstob.

Herbert J. Stern, U. S. Atty., John J. Barry, James D. Fornari, Richard S. Zackin, Melvin Greenberg, William A. Carpenter, Asst. U. S. Attys., Newark, N. J., for appellee.

Before VAN DUSEN, GIBBONS and HUNTER, Circuit Judges.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge.

The central element in this case was a conspiracy to steal certain tin ingots from a warehouse in Port Newark, New Jersey, in violation of 18 U.S.C. § 659.

There were four counts to an indictment which named appellants and other defendants not revelant to this case. The charges relating to appellants are as follows: all four appellants were charged with violating 18 U.S.C. § 659 by...

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