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UNITED STATES v. TOLLIVER

Nos. 319 and 320, Dockets 77-1017 and 77-2055.

569 F.2d 724 (1978)

UNITED STATES of America, Appellee, v. Philip Floyd TOLLIVER, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 3, 1978.

Attorney(s) appearing for the Case

Helena Pichel Solleder, New York City, for defendant-appellant.

Lee A. Adlerstein, Asst. U. S. Atty., Brooklyn, N. Y. (David G. Trager, U. S. Atty., Eastern District of New York, and Harvey M. Stone, Asst. U. S. Atty., Brooklyn, N. Y., of counsel), for appellee.

Before FEINBERG, OAKES and GURFEIN, Circuit Judges.

GURFEIN, Circuit Judge:

These are consolidated appeals by Philip Floyd Tolliver from (1) his conviction upon the verdict of a jury in the District Court for the Eastern District of New York (Dooling, J.), which found him guilty of the crimes of bank robbery by force or intimidation (Count One) in violation of 18 U.S.C. § 2113(a) and (2) and of conspiracy to rob a bank (Count Three) in violation of 18 U.S.C. § 371; and (2) from the denial of his motion under...

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