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UNITED STATES v. PETERSEN

Nos. 74-2492, 74-2451.

513 F.2d 1133 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Carl S. PETERSEN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Joseph Arthur ZAPPIA, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied May 12, 1975.

Attorney(s) appearing for the Case

Charles M. Giles (argued in 74-2451), Tucson, Ariz., Anthony D. Terry, (argued in 74-2492), Tucson, Ariz., for defendants-appellants.

Daniel G. Knauss, Asst. U. S. Atty., (argued), for plaintiff-appellee.

Before MERRILL and TRASK, Circuit Judges, and JAMESON, District Judge.

OPINION

TRASK, Circuit Judge:

These consolidated appeals are from conviction at a jury trial of conspiracy to dispose of property of the United States without authority in violation of 18 U.S.C. § 371 (conspiracy to defraud) and 18 U.S.C. § 641 (embezzlement or theft of property of the United States).

The case arose out of transactions instituted by the manager of the Smithsonian Astrophysical Observatory facility at Mt. Hopkins near Amado...

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