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UNITED STATES v. BANE

No. 77-5333.

583 F.2d 832 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph M. BANE, Sr., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 25, 1978.

Attorney(s) appearing for the Case

Kevin M. Sullivan, Isaac Schulz, Ford, Whitney, Crump & Schulz, Cleveland, Ohio, Mayer Morganroth, Southfield, Mich., John F. Chambers, Ripple, Chambers & Steiner, Detroit, Mich., for defendant-appellant.

James K. Robinson, U. S. Atty., Detroit, Mich., Patty Ellen Merkamp, App. Section, Crim. Div., T. George Gilinsky, Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before PHILLIPS, Chief Circuit Judge, CELEBREZZE, Circuit Judge, and NEESE, District Judge.

CELEBREZZE, Circuit Judge.

Appellant, Joseph M. Bane, Sr., was found guilty by a jury of misappropriating union funds in violation of 29 U.S.C. § 501(c).1 The principal issues raised on appeal require this court to delineate the elements of the crime set forth in § 501(c) and to determine whether the district court's jury instructions properly reflected those elements. For reasons stated...

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