No. 78-1356.

587 F.2d 144 (1978)

UNITED STATES of America v. Guido ROCCO, John Martin Neiman, Anthony R. La Duca, Herman Levine, Anthony R. La Duca, Appellant.

United States Court of Appeals, Third Circuit.

Decided November 14, 1978.

Attorney(s) appearing for the Case

Robert J. Del Tufo, U. S. Atty., Newark, N. J., for appellee; Samuel A. Alito, Jr., Asst. U. S. Atty., Newark, N. J., on the brief.

Steven H. Gifis, Princeton, N. J., for appellant; Eric B. Ryan, on the brief.

Before SEITZ, Chief Judge, and ADAMS and ROSENN, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) September 5, 1978.


ADAMS, Circuit Judge.

Anthony La Duca appeals from a denial by the district court of his motion for a new trial, which had been predicated upon newly discovered evidence. La Duca had premised his motion on an affidavit by one John Neiman stating that he was now prepared to testify to La Duca's innocence. Neiman was the other principal participant in the activities for...

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