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UNITED STATES v. GOLDSTEIN

No. 73-1923.

502 F.2d 526 (1974)

UNITED STATES of America v. Louis GOLDSTEIN, Appellant, and Selma Goldstein.

United States Court of Appeals, Third Circuit.

Submitted on Rehearing June 12, 1974.

Decided August 6, 1974.

Attorney(s) appearing for the Case

Ralph F. Keil, U. S. Atty., Bruce L. Thall, First Asst. U. S. Atty., Wilmington, Del., for appellee.

Edmund N. Carpenter, II, David S. Swayze, Richards, Layton & Finger, Wilmington, Del., for appellant.

Before SEITZ, Chief Judge, and VAN DUSEN, ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS and GARTH, Circuit Judges.

Submitted on Rehearing en banc June 12, 1974.

Argued Feb. 25, 1974

Before HUNTER and WEIS, Circuit Judges, and MILLER, District Judge.

Submitted in banc June 12, 1974

Before SEITZ, Chief Judge, and VAN DUSEN, ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS and GARTH, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

Whether an indictment for a misdemeanor may be amended to correct a material variation between...

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