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UNITED STATES v. DiGILIO

Nos. 75-2218-75-2220.

538 F.2d 972 (1976)

UNITED STATES of America v. John DiGILIO et al., Appellant in No. 75-2218. Appeal of Harry LUPO, in No. 75-2219. Appeal of Peter SZWANDRAK, in No. 75-2220.

United States Court of Appeals, Third Circuit.

Decided June 7, 1976.

As Amended June 21, 1976.

As Amended August 4, 1976.

Rehearing and Rehearing Denied July 19, 1976.

Dissenting Opinion August 10, 1976.

Attorney(s) appearing for the Case

Richard A. Green, Rowley & Scott, Katherine L. Boland, on the brief, Washington, D. C., Seymour Margulies, Brigadier & Margulies, Robert Margulies, on the brief, Jersey City, N. J., for John DiGilio.

Frederick P. Hafetz, Goldman & Hafetz, New York City, for Harry Lupo.

Thomas S. Higgins, Asst. Federal Public Defender, D. N. J., Newark, N. J., for Peter Szwandrak.

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

Before CLARK, Associate Justice, and GIBBONS and HUNTER, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 19, 1976.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

These are consolidated appeals from judgments of conviction and sentence. Appellants John DiGilio (No. 75-2218), Harry Lupo (No. 75-2219) and Peter Szwandrak (No. 75-2220) were indicted, with three other persons not parties to this appeal for violations of 18 U.S.C. §§ 371 and 641. The indictment charged that the defendants conspired to defraud...

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