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UNITED STATES v. SCALZITTI

Nos. 77-1861 to 77-1863.

578 F.2d 507 (1978)

UNITED STATES of America v. John Edward SCALZITTI, Louis J. Maricondi, Thomas J. Fanell, William L. Berns, Robert H. Cameron. Appeal of John SCALZITTI in No. 77-1861. Appeal of Thomas FANELL in No. 77-1862. Appeal of Louis J. MARICONDI, in No. 77-1863.

United States Court of Appeals, Third Circuit.

Decided June 7, 1978.

Attorney(s) appearing for the Case

Blair A. Griffith, U. S. Atty., Edward J. Schwabenland, Asst. U. S. Atty., Pittsburgh, Pa., for appellee.

Thomas A. Livingston, Dennis Clark, Livingston, Miller, O'Malley & Clark, Pittsburgh, Pa., for appellants in Nos. 77-1861 and 77-1862.

Irving M. Green, New Kensington, Pa., for appellant in No. 77-1863.

Before SEITZ, Chief Judge, and GIBBONS and GARTH, Circuit Judges.

OPINION OF THE COURT

SEITZ, Chief Judge.

Defendants appeal the judgments of the district court entered after a jury found them guilty on several counts of making false statements in a loan application to a federally insured bank in violation of 18 U.S.C. § 1014 (1976), and of aiding and abetting the same in violation of 18 U.S.C. § 2 (1976).

I.

We first consider the contentions of one of the defendants, Fanell, that there was...

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