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UNITED STATES v. TROTTER

Nos. 75-1709, 75-1710.

529 F.2d 806 (1976)

UNITED STATES of America v. William TROTTER, Appellant in No. 75-1709, and Vincent Nuzzo. Appeal of Vincent NUZZO, in No. 75-1710.

United States Court of Appeals, Third Circuit.

Decided January 12, 1976.

Attorney(s) appearing for the Case

Leonard Meyerson, Gerald D. Miller, Miller, Hochman, Meyerson & Miller, Jersey City, N. J., for William Trotter, appellant in No. 75-1709.

Morris Brown, Matthias D. Dileo, Wilentz, Goldman & Spritzer, Perth Amboy, N. J., for Vincent Nuzzo, appellant in No. 75-1710.

Jonathan L. Goldstein, U. S. Atty., James A. Plaisted, Asst. U. S. Atty., Newark, N. J., for appellee.

Before VAN DUSEN, ADAMS and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

The theft of 422 cases of Excedrin from an interstate shipment by motor carrier is the genesis of the criminal prosecution which is the subject of this appeal. Defendants William Trotter and Vincent Nuzzo were tried to a jury in the United States District Court for the District of New Jersey and convicted on all three counts of an indictment charging (count I) conspiracy to steal and possess part of an interstate...

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