UNITED STATES v. SCHREIBER

No. 78-2140.

599 F.2d 534 (1979)

UNITED STATES of America v. Harry SCHREIBER, Appellant.

United States Court of Appeals, Third Circuit.

Decided May 3, 1979.


Attorney(s) appearing for the Case

James E. McLaughlin (argued), McArdle, McLaughlin, & McVay, Pittsburgh, Pa., for appellant.

Robert J. Cindrich, U. S. Atty., Edward J. Schwabenland (argued), Asst. U. S. Atty., Pittsburgh, Pa., for appellee.

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


OPINION OF THE COURT

ALDISERT, Circuit Judge.

The major question for decision is whether the trial judge committed plain error in failing sua sponte to recuse himself in a non-jury trial in which appellant, president of a motor carrier corporation, was adjudicated guilty of filing false and fraudulent statements with the Interstate Commerce Commission (ICC), in violation of 18 U.S.C. § 1001. The judge had previously presided over a jury trial...

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