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UNITED STATES v. DIOGUARDI

Nos. 113-114, Dockets 73-1759, 73-1769.

492 F.2d 70 (1974)

UNITED STATES of America, Appellee, v. John DIOGUARDI and Louis Ostrer, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 4, 1974.

Attorney(s) appearing for the Case

Harold F. McGuire, Jr., Asst. U. S. Atty., S. D. N. Y. (Paul J. Curran, U. S. Atty., S.D.N.Y., S. Andrew Schaffer and John W. Nields, Jr., Asst. U. S. Attys., S. D. N. Y., on the brief), for appellee.

Gretchen White Oberman, New York City (Jay Goldberg, New York City on the brief), for appellant Dioguardi.

Sheldon H. Elsen, New York City (Orans, Elsen & Polstein, Lewis, Shapiro, Anthony J. Ferrara and Henry J. Boitel, New York City, on the brief), for appellant Ostrer.

Before LUMBARD, FRIENDLY and FEINBERG, Circuit Judges.

LUMBARD, Circuit Judge:

John Dioguardi and Louis Ostrer appeal from judgments of conviction entered on April 12, 1973, after a three-week jury trial held in January 1973 in the Southern District, and from the denial by Chief Judge Edelstein of new trial motions. The forty-count indictment was filed May 27, 1971, against the appellants and seven others.1 Count one charged the defendants with conspiring, in violation of 18 U.S.C. §...

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