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UNITED STATES v. NIEDERBERGER

No. 77-1575.

580 F.2d 63 (1978)

UNITED STATES of America v. Cyril J. NIEDERBERGER, Appellant.

United States Court of Appeals, Third Circuit.

Decided May 5, 1978.

Attorney(s) appearing for the Case

Thomas A. Livingston, Dennis J. Clark, Pittsburgh, Pa., for appellant.

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

Before ROSENN and HIGGINBOTHAM, Circuit Judges, and BARLOW, District Judge.

OPINION OF THE COURT

BARLOW, District Judge.

Cyril J. Niederberger, an employee of the Internal Revenue Service (I.R.S.), appeals his conviction on six counts of a ten-count indictment. The indictment charged Niederberger with accepting illegal gratuities from Gulf Oil Corporation (Gulf) in the form of five golfing trips paid for by Gulf.1 Each golf trip provided the predicate for two...

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