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UNITED STATES v. SEBASTIAN

No. 1499, Docket 77-1270.

562 F.2d 211 (1977)

UNITED STATES of America, Appellee, v. Anthony James SEBASTIAN and Patrick Gibbons, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 26, 1977.

Attorney(s) appearing for the Case

Roger P. Williams, Buffalo, N. Y. (Richard J. Arcara, U. S. Atty., Buffalo, N. Y., of counsel), for the Government.

Robert C. Macek, Buffalo, N. Y., for defendant-appellant Sebastian.

George P. Doyle, Buffalo, N. Y. (Doyle & Denman and Robert S. Sichel, Buffalo, N. Y., of counsel), for defendant-appellant Gibbons.

Before VAN GRAAFEILAND and WEBSTER, Circuit Judges, and DOOLING, District Judge.

DOOLING, District Judge:

The Government's version of the facts that underlie both the indictment and the superseding indictment is that defendants-appellants participated in forging endorsements on validly issued Series E United States Savings Bonds and cashing them. The original indictment charged that the defendants

" . . . did knowingly and with intent to defraud pass and utter a forged obligation of the United States; to wit . . . Savings Bond . . . Q2165871669E...

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