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UNITED STATES v. ELSBERY

No. 859, Docket 79-1030.

602 F.2d 1054 (1979)

UNITED STATES of America, Appellee, v. James W. ELSBERY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 25, 1979.

Attorney(s) appearing for the Case

Donald E. Nawi, New York City (Leroy B. Kellam, St. Albans, N. Y., of counsel), for defendant-appellant.

Ronald G. Russo, Asst. U. S. Atty., E. D. N. Y., Brooklyn, N. Y. (Edward R. Korman, U. S. Atty. and Harvey M. Stone, Asst. U. S. Atty., E. D. N. Y., Brooklyn, N. Y., of counsel), for appellee.

Before OAKES and GURFEIN, Circuit Judges, and PIERCE, District Judge.

GURFEIN, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Eastern District of New York (Hon. Mark A. Costantino) convicting Dr. James W. Elsbery, after an eleven-day jury trial, on ten counts of making materially false statements in a matter within the jurisdiction of the United States Department of Health, Education and Welfare, in violation of 18 U.S.C. §§ 1001 and 1002. The defendant was acquitted on 16 other...

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