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UNITED STATES v. PEARLSTEIN

Nos. 77-1381 to 77-1383.

576 F.2d 531 (1978)

UNITED STATES of America v. Martin W. PEARLSTEIN a/k/a Martin Williams, Frank A. Trombetta a/k/a Frank Anthony, Gerald Segal, Sigmund Traister, Albert Hurwitz, and Benjamin Hannig. Gerald Segal, appellant in No. 77-1381 Sigmund Traister, appellant in No. 77-1382 Benjamin Hannig, appellant in No. 77-1383

United States Court of Appeals, Third Circuit.

Decided April 21, 1978.

Attorney(s) appearing for the Case

Joshua Friedman, Taenzer & Friedman, P. C., Cinnaminson, N. J., for appellant Gerald Segal.

Howard Ross Cabot, Cherry Hill, N. J., for appellant Sigmund Traister.

J. Llewellyn Mathews, Apell, Forman & Howard, P. C., Browns Mills, N. J., for appellant Benjamin Hannig.

Jonathan L. Goldstein, U. S. Atty., by Ralph A. Jacobs, Asst. U. S. Atty., Newark, N. J., for appellee.

Before ADAMS and GARTH, Circuit Judges, and LAYTON, Senior District Judge.

OPINION OF THE COURT

LAYTON, Senior District Judge:

Appellants were convicted of mail fraud under 18 U.S.C. § 1341.1 The primary issue raised by each defendant in this consolidated appeal is whether there was sufficient evidence adduced at their joint trial to sustain the jury's verdicts against them. Because we conclude that there was not, we reverse.

Appellants Segal, Traister and Hannig were indicted along with...

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