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UNITED STATES v. PROVENZANO

Nos. 221, 361, Dockets 78-1251, 79-1247.

615 F.2d 37 (1980)

UNITED STATES of America, Appellee, v. Anthony PROVENZANO, a/k/a "Tony Pro", Appellant.

United States Court of Appeals, Second Circuit.

Decided January 16, 1980.

Attorney(s) appearing for the Case

Gerald L. Shargel, New York City (Maurice Edelbaum, Jay Goldberg, John Pollok, and Fischetti & Shargel, and Hoffman, Pollok, Mass & Gasthalter, New York City, on the brief), for appellant.

Barbara S. Jones, and Steven K. Frankel, Asst. U.S. Attys., New York City (Robert B. Fiske, Jr., U.S. Atty., and Howard W. Goldstein, Asst. U. S. Atty., New York City, on the brief), for appellee.

Before FRIENDLY, TIMBERS and VAN GRAAFEILAND, Circuit Judges.

TIMBERS, Circuit Judge:

On this appeal from a judgment entered after a seven day jury trial in the Southern District of New York, Charles M. Metzner, District Judge, convicting appellant of conspiracy to pay a kickback to a union pension and welfare fund trustee to obtain favorable action on a loan proposal, in violation of 18 U.S.C. §§ 371 and 1954 (1976), we find the following to be the principal questions raised on appeal:

(1) Whether...

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