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BERAN v. UNITED STATES

Nos. 77-1843, 77-1872.

580 F.2d 324 (1978)

Ray J. BERAN, Appellant, v. UNITED STATES of America, Appellee. Andrew M. KAMINSKI, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 24, 1978.

Rehearings and Rehearings Denied August 29, 1978.

Attorney(s) appearing for the Case

Richard J. Bruckner, Omaha, Neb., argued, for appellants and on brief, for appellant Beran in No. 77-1843.

Leo W. Kennedy, Lakewood, Colo., on brief, for appellant Kaminski in No. 77-1872.

Lynn E. Crooks, Asst. U.S. Atty., Fargo, N. D. (argued), and James R. Britton, U.S. Atty., Fargo, N. D., on brief, for appellee.

Before VAN OOSTERHOUT, Senior Circuit Judge, HENLEY, Circuit Judge, and LARSON, Senior District Judge.

Rehearings and Rehearings En Banc Denied August 29, 1978.

LARSON, Senior District Judge.

Ray J. Beran and Andrew M. Kaminski were convicted of several counts of misapplication of bank funds. The convictions were affirmed on appeal, United States v. Beran, 546 F.2d 1316 (8th Cir.1977). Petitioners filed applications for relief under 28 U.S.C. § 2255 alleging that their retained counsel's assistance at trial was...

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