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UNITED STATES v. CHRISTO

No. 79-5307.

614 F.2d 486 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. John CHRISTO, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied May 27, 1980.

Attorney(s) appearing for the Case

Wilfred C. Varn, E. C. Deeno Kitchen, Tallahassee, Fla., Dempsey J. Barron, Panama City, Fla., Robert M. Ervin, Tallahassee, Fla., for defendant-appellant.

Nickolas P. Geeker, U. S. Atty., Pensacola, Fla., Donald S. Modesitt, Asst. U. S. Atty., Tallahassee, Fla., for plaintiff-appellee.

Before MORGAN, RONEY and GARZA, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 27, 1980.

GARZA, Circuit Judge:

At all times pertinent to this case, John Christo, Jr. was Chairman of the Board and majority stockholder of Bay National Bank & Trust Company (BNBT) and the First National Bank of Panama City, Florida (First National). On October 12, 1978 a twenty-nine count Indictment was returned against him charging twenty-one counts of "misapplication of bank funds" contrary to 18 U.S.C. &...

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