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UNITED STATES v. GARBER

Nos. 79-2511, 79-2517.

626 F.2d 1144 (1980)

UNITED STATES of America, v. GARBER, Marvin, Appellant. UNITED STATES of America, v. DENUCCI, Nicholas, Appellant.

United States Court of Appeals, Third Circuit.

Decided July 25, 1980.

Attorney(s) appearing for the Case

Joseph N. Bongiovanni, III (argued), Bongiovanni & Reagoso, Philadelphia, Pa., for appellant Garber.

Alfonso Tumini (argued), Davidson, Aaron & Tumini, Philadelphia, Pa., for appellant Denucci.

Luther E. Weaver, III (argued), Asst. U. S. Atty., Philadelphia, Pa., for appellee; Peter F. Vaira, U. S. Atty., Walter S. Batty, Jr., Asst. U. S. Atty., Chief, App. Section, Lynell N. Staton, Asst. U. S. Atty., Philadelphia, Pa., on the brief.

Before ADAMS, VAN DUSEN and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Senior Circuit Judge.

Defendants Marvin Garber and Nicholas Denucci were charged in a four-count indictment with various offenses arising out of the theft of copper cathodes from the Northern Metal Company (Northern Metal) pier in Philadelphia, Pennsylvania, in March 1978. Count I charged that Garber and Denucci stole from Northern Metal's storage facility eight copper cathodes which were part of an interstate or foreign shipment...

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