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UNITED STATES v. BRAINARD

Nos. 80-5079, 81-6912, 80-5080 and 81-6913.

690 F.2d 1117 (1982)

UNITED STATES of America, Appellee, v. Daniel King BRAINARD, Appellant. UNITED STATES of America, Appellee, v. Halton Q. BITTICK, Jr., Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 7, 1982.

Rehearing and Rehearing Denied January 13, 1983.

Attorney(s) appearing for the Case

John J. Tigue, Jr., New York City (William B. Wachtel, Kostelanetz & Ritholz,

New York City, on brief), and Rodney A. Guthrie, Fayetteville, N. C., for appellants.

Allen Holt Gwyn, Jr., Sp. Asst. U. S. Atty., Douglas Cannon, Asst. U. S. Atty., Greensboro, N. C. (Kenneth W. McAllister, U. S. Atty., Greensboro, N. C., on brief), for appellee.

Before WIDENER and MURNAGHAN, Circuit Judges, and POTTER, District Judge.

Rehearing and Rehearing En Banc Denied January 13, 1983.

MURNAGHAN, Circuit Judge:**

Daniel King Brainard and Halton Q. Bittick, Jr. appeal from their convictions on numerous counts related to alleged participation in a fraudulent investment scheme. We reverse and remand for a new trial.

I.

Brainard and Bittick were owners of National Executive Planners, Inc. (NEP), a small investment company located in Greensboro...

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