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UNITED STATES v. ZAPPOLA

Nos. 910, 911, Dockets 81-1488, 81-1490.

677 F.2d 264 (1982)

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

United States Court of Appeals, Second Circuit.

Decided April 30, 1982.

Attorney(s) appearing for the Case

Anne C. Feigus, New York City (Ronald P. Fischetti, New York City, of counsel), for defendant-appellant Robert Melli.

Paul B. Bergman, New York City (LaRossa, Brownstein & Mitchell, New York City, of counsel), for defendant-appellant George Zappola.

Thomas Fitzpatrick, Asst. U. S. Atty., New York City (John S. Martin, Jr., U. S. Atty., S.D.N.Y., Gerard E. Lynch, Mark F. Pomerantz, Asst. U. S. Attys., New York City, of counsel), for appellee.

Before LUMBARD and OAKES, Circuit Judges, and FRIEDMAN, Chief Judge, Court of Claims.

LUMBARD, Circuit Judge:

This appeal turns on whether defendants, charged with attempted extortion and conspiracy to extort, may assert, as a defense, that their demands for compensation for business losses caused by their intended victims were made in the reasonable belief that the victims owed them such compensation. We hold that the district court did not err in refusing to charge that such reasonable belief is a defense...

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