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UNITED STATES v. DANSKER

No. 78-1370.

581 F.2d 69 (1978)

UNITED STATES of America v. Norman DANSKER, Joseph Diaco, Steven Haymes, Warner Norton, Donald Orenstein, Nathan L. Serota, Andrew Valentine, Investors Funding Corporation of New York and Valentine Electric Company. Appeal of Joseph DIACO.

United States Court of Appeals, Third Circuit.

Decided July 14, 1978.

As Amended August 8, 1978.

Attorney(s) appearing for the Case

Frederic C. Ritger, Jr., South Orange, N. J., for appellant.

Robert J. Del Tufo, U. S. Atty., Newark, N. J., for appellee; Maryanne T. Desmond, Chief, Appeals Div., Newark, N. J., on brief.

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

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The principal issue presented for decision requires us to construe the 120-day time limitation of Fed.R.Crim.P. 35 in a convoluted criminal proceeding in which a motion for a new trial was filed in the district court after appellant Joseph Diaco had exhausted a direct appeal from his conviction. The post-appeal new trial motion was grounded upon newly discovered evidence. After exhausting his appeal from the...

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