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UNITED STATES v. HELLER

No. 1-7.

635 F.2d 848 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Glenn Martin HELLER d/b/a Beacon Hill Gulf, Defendant-Appellant.

Temporary Emergency Court of Appeals.

Decided November 25, 1980.

Attorney(s) appearing for the Case

Harvey A. Silverglate, Silverglate, Shapiro & Gertner, Boston, Mass., for defendant-appellant.

Robert B. Collings, First Asst. U. S. Atty., Boston, Mass., with whom Edward F. Harrington, U. S. Atty., Boston, Mass., was on the brief for plaintiff-appellee.

Amicus Curiae briefs were filed by Maurice Langelier, Executive Director of The Bay State Gasoline Retailers Association and Allied Trades, Inc., and by Andrew H. Good, Boston, Mass, Chairperson of the Executive Committee of the Massachusetts Association of Criminal Defense Lawyers.

Before METZNER, GIGNOUX and LACEY, Judges.

LACEY, Judge.

Glenn Martin Heller appeals from a judgment of conviction entered upon a jury verdict in the United States District Court for the District of Massachusetts. We reverse.

I

Heller, doing business as Beacon Hill Gulf, operated a retail gasoline station in Boston, Massachusetts, under a lease from Gulf Oil Corporation (Gulf) commencing August 18, 1976. Heller had previously been employed at the station by one MacNeil, whose lease with Gulf...

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