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UNITED STATES v. BURRELL

No. 73-1893.

496 F.2d 609 (1974)

UNITED STATES of America, Appellee, v. Delmar Roy BURRELL a/k/a Del, Appellant, et al.

United States Court of Appeals, Third Circuit.

Decided May 13, 1974.

Attorney(s) appearing for the Case

Richard L. Thornburgh, U. S. Atty., Henry G. Barr, James A. Villanova, Kathleen Kelly Curtin, Samuel S. Orr, III, Asst. U. S. Attys., Pittsburgh, Pa., for appellee.

Thomas R. Ceraso, Greensburg, Pa., for appellants.

Before BIGGS, GIBBONS and GARTH, Circuit Judges.

OPINION OF THE COURT

BIGGS, Circuit Judges.

The defendant-appellant Burrell was indicted on each count of a three count indictment which alleged a complex scheme involving the theft, transportation and attempted sale of tungsten carbide powder. Burrell's principal contention is that the Government failed to produce any evidence, factual or circumstantial, which was sufficient to sustain his conviction on the second count of the indictment.

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