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UNITED STATES v. SHAPIRO

No. 77-1205.

565 F.2d 479 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Michael SHAPIRO, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided November 15, 1977.

Attorney(s) appearing for the Case

Franklyn M. Gimbel, Milwaukee, Wis., for defendant-appellant.

William J. Mulligan, U.S. Atty., Terry E. Mitchell, Asst. U.S. Atty., Milwaukee, Wis., for plaintiff-appellee.

Before SWYGERT and WOOD, Circuit Judges, and CAMPBELL, Senior District Judge.

SWYGERT, Circuit Judge.

Defendant-appellant Michael Shapiro appeals from a judgment and sentence entered upon a guilty verdict of a jury for conspiracy to misapply bank funds and aiding and abetting the misapplication of bank funds, violations of 18 U.S.C. §§ 371, 656, and 2.2 We reverse.

I

Evidence adduced at trial showed that Shapiro and his codefendants maintained nine business and personal checking accounts...

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