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UNITED STATES v. ZANE

Nos. 560, 561, Dockets 73-2401, 73-2450.

495 F.2d 683 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Philip ZANE et al., Defendants-Appellants, and Morton S. Kaplan et al., Defendants.

United States Court of Appeals, Second Circuit.

Decided April 1, 1974.

Attorney(s) appearing for the Case

Sandor Frankel, New York City (Louis Bender, New York City, of counsel), for defendants-appellants Zane and Silverman.

John L. O'Donnell, New York City (Olwine, Connelly, Chase, O'Donnell & Weyher, New York City, of counsel), for defendant-appellant Persky.

James E. Nesland, Asst. U. S. Atty. (Paul J. Curran, U. S. Atty. S. D. N. Y., John D. Gordan III, Asst. U. S. Atty., of counsel), for plaintiff-appellee.

Before LUMBARD and MANSFIELD, Circuit Judges, and GURFEIN, District Judge.

MANSFIELD, Circuit Judge:

Upon this appeal we have been required to review the 4300-page record of a five-week jury trial, which resulted in the conviction of a lawyer and two accountants for filing a false Form 10K Annual Report with the Securities and Exchange Commission ("SEC"), 15 U.S.C. §§ 78o and 78ff, to determine whether there is merit to any of the numerous claims of error asserted by appellants. The multi-count indictment under which appellants...

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