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UNITED STATES v. SCLAFANI

Nos. 828, 829, Dockets 73-1017, 73-1048.

487 F.2d 245 (1973)

UNITED STATES of America, Appellee, v. Gus SCLAFANI and Ben Ross, Appellants.

United States Court of Appeals, Second Circuit.

Decided June 27, 1973.

Certiorari Denied November 12, 1973.

Attorney(s) appearing for the Case

Henry J. Boitel, New York City, for appellant Sclafani.

Roy M. Cohn, New York City, (Gretchen White Oberman, and Saxe, Bacon, Bolan & Manley, New York City, on the brief), for appellant Ross.

William I. Aronwald, Sp. Atty., Organized Crime and Racketeering Section, Dept. of Justice, Washington, D. C. (Whitney North Seymour, Jr., U. S. Atty., and John W. Nields, Jr., Asst. U. S. Atty., New York City, on the brief), for appellee.

Before SMITH, MULLIGAN and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge:

Appellants Gus Sclafani and Ben Ross appeal from judgments of conviction entered upon jury verdicts returned October 6, 1972 after a nineteen day trial before Edmund L. Palmieri, District Judge, in the Southern District of New York.

Sclafani was convicted on three counts of loansharking, in violation of the Extortionate Credit Transaction Act of 1968, 18 U.S.C. §§ 893 and 894 (1970);

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