UNITED STATES v. SCHIFFMAN

No. 76-3742 Summary Calendar.

552 F.2d 1124 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Herbert David SCHIFFMAN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 29, 1977.


Attorney(s) appearing for the Case

John J. Reynolds, Chicago, Ill., for defendant-appellant.

John W. Stokes, U. S. Atty., William L. McCulley, Atty., Dept. of Justice, Atlanta, Ga., for plaintiff-appellee.

Before BROWN, Chief Judge, and RONEY and HILL, Circuit Judges.


JOHN R. BROWN, Chief Judge:

Appellant was convicted upon trial by jury of one count of violating 29 U.S.C.A. § 186(b), which makes it unlawful for a labor union official to unlawfully, willfully, and knowingly request, demand, receive or accept a "thing of value" from an employer of the employees whom the union official represents. Appellant argues that (i) the trial court committed plain error by not declaring a mistrial following the admission of a hearsay...

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