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UNITED STATES v. COAST OF MAINE LOBSTER CO., INC.

No. 75-1431.

538 F.2d 899 (1976)

UNITED STATES of America, Appellee, v. COAST OF MAINE LOBSTER CO., INC., et al., Defendants-Appellants.

United States Court of Appeals, First Circuit.

Decided May 10, 1976.

Rehearing Denied June 25, 1976.

Attorney(s) appearing for the Case

Richard E. Valentino, Saco, Me., with whom George F. Wood and Smith, Elliott, Wood & Nelson, P. A., Saco, Me., were on brief, for defendants-appellants.

John B. Wlodkowski, Asst. U. S. Atty., Portland, Me., with whom Peter Mills, U. S. Atty., Portland, Me., was on brief, for appellee.

Richard L. Thornburgh, Asst. Atty. Gen., Crim. Div., U. S. Dept. of Justice, Washington, D. C., James N. Gabriel, U. S. Atty., District of Massachusetts, Boston, Mass., William J. Deachman, U. S. Atty., District of New Hampshire, Concord, N. H., Lincoln C. Almond, U. S. Atty., District of Rhode Island, Providence, R. I., and Julio Morales Sanchez, Atty., District of Puerto Rico, San Juan, P. R., on supplemental memorandum.

Before COFFIN, Chief Judge, ALDRICH and McENTEE, Circuit Judges.

ALDRICH, Senior Circuit Judge.

Defendants were convicted following a jury trial at Portland, Maine, on some 20 counts of mail and wire fraud, 18 U.S.C. §§ 1341, 1343, involving false promises to ship Maine lobsters nationwide. On appeal the assigned errors all concern matters occurring during trial. Only one appears of any stature. It presents a novel and borderline question of potential prejudice arising from prominent publicity given during trial to statements...

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