UNITED STATES v. SULLIVAN

No. 74-1020.

498 F.2d 146 (1974)

UNITED STATES of America, Appellee, v. Edwin L. SULLIVAN, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 4, 1974.


Attorney(s) appearing for the Case

Peter Lawson Kennedy, Providence, R. I., with whom Adler, Pollock & Sheehan, Providence, R. I., was on brief, for defendant, appellant.

Lauren S. Kahn, Dept. of Justice, with whom Lincoln C. Almond, U. S. Atty., S. Michael Levin, Sp. Atty., Dept. of Justice, and Jerome M. Feit, Atty., Dept. of Justice, were on brief, for appellee.

Before COFFIN, Chief Judge, Mc-ENTEE and CAMPBELL, Circuit Judges.


McENTEE, Circuit Judge.

Defendant was convicted by a jury on two counts of unlawfully and willfully embezzling, stealing, abstracting and converting to his own use funds of the International Union of Operating Engineers, Local No. 57, of which he was an employee and minor official, in violation of 29 U.S.C. § 501(c) (1970). On appeal, defendant principally contends that § 501(c) could not have been properly applied to him, and further that, in any case,...

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