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UNITED STATES v. ZAPPOLA

No. SS79 Cr. 142-CSH.

523 F.Supp. 362 (1981)

UNITED STATES of America, v. George ZAPPOLA and Robert Melli, Defendants.

United States District Court, S. D. New York.

September 29, 1981.

Attorney(s) appearing for the Case

Thomas Fitzpatrick, Asst. U. S. Atty., New York City, for the United States.

La Rossa, Brownstein & Mitchell, New York City, for defendant Zappola; Paul B. Bergman, New York City, of counsel.

Ronald P. Fischetti, New York City, for defendant Melli.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

The Court decides in this opinion an issue concerning the proper jury charge to give, in a case where the Government accuses the defendants of attempted extortion under the Hobbs Act, 18 U.S.C. § 1951. The Act reads in pertinent part:

"(a) Whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by ... extortion or attempts...

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