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UNITED STATES v. DZIURGOT

No. 80-1720.

664 F.2d 6 (1981)

UNITED STATES of America, Appellee, v. Robert F. DZIURGOT, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 16, 1981.

Attorney(s) appearing for the Case

Jack David, New York City, with whom David & Finell, New York City, was on brief, for defendant, appellant.

Robert J. Lynn, Asst. U. S. Atty., Concord, N. H., with whom Robert T. Kennedy, U. S. Atty., Concord, N. H., was on brief, for appellee.

Before ALDRICH, Senior Circuit Judge, CAMPBELL and BOWNES, Circuit Judges.

ALDRICH, Senior Circuit Judge.

On March 3, 1977, a California brokerage office, Dean Witter and Company, mistakenly mailed a customer's ten $5,000 matured municipal bonds for redemption to the wrong agent, American Transfer Co. (ATC), P.O. Box 48, New Ipswich, New Hampshire. ATC was never an agent for these bonds. It was essentially defunct, but maintained the box for occasional mail. Its president, Jon Huber, received and receipted for the bonds on March 8. On March...

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