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UNITED STATES v. CALDER

Nos. 353, 382, 476 and 477, Dockets 80-1245, 80-1247, 80-1249 and 80-1281.

641 F.2d 76 (1981)

UNITED STATES of America, Appellee, v. Joseph CALDER, Julius Calder, Thomas DiDonato and George Monge, Appellants.

United States Court of Appeals, Second Circuit.

Decided February 10, 1981.

Rehearing and Rehearing Denied April 14, 1981.

Certiorari Denied April 20, 1981.

Attorney(s) appearing for the Case

Kenneth Kaplan, New York City (Kaplan & Katzberg, New York City), for appellant Joseph Calder.

Harvey L. Greenburg, New York City, for appellant Julius Calder.

Gerald L. Shargel, New York City (Graham Hughes, New York City, of counsel, on the brief), for appellant Thomas DiDonato.

Barry Bassis, New York City (Legal Aid Society, Federal Defender Services Unit, New York City), for appellant George Monge.

Edward R. Korman, U. S. Atty., E. D. N. Y., Brooklyn, N. Y. (Thomas P. Puccio, U. S. Dept. of Justice, Attorney-in-Charge; Kenneth F. McCallion, Joel Cohen, Sp. Attys., Brooklyn, N. Y., of counsel), for appellee U. S.

Before WATERMAN, MANSFIELD and VAN GRAAFEILAND, Circuit Judges.

Rehearing and Rehearing In Banc Denied April 14, 1981.

Certiorari Denied April 20, 1981. See 101 S.Ct. 1984.

VAN GRAAFEILAND, Circuit Judge:

This case involves the extortion of money from two bars with the descriptive names of "Guys and Dolls" and "Adam and Eve", located in midtown Manhattan. The proof, which we must view in the light most favorable to the Government, shows that, beginning in September 1978, Joseph Calder, accompanied by George Monge...

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