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UNITED STATES v. SCHURR

Nos. 84-1404, 84-1405.

775 F.2d 549 (1985)

UNITED STATES of America, Appellee, v. Maurice SCHURR, Appellant. UNITED STATES of America, Appellee, v. Harry ROSETSKY, Appellant.

United States Court of Appeals, Third Circuit.

October 30, 1985.

Attorney(s) appearing for the Case

Edward S.G. Dennis, Jr., U.S. Atty., Walter S. Batty, Jr., Chief of Appeals, Robert E. Welsh, Jr. (argued), Asst. U.S. Atty., Philadelphia, Pa., for appellee.

Thomas A. Bergstrom (argued), Philadelphia, Pa., for appellant Schurr.

Pamela W. Higgins (argued), Higgins & Madden, Philadelphia, Pa., for appellant Rosetsky.

Before GARTH, BECKER, and ROSENN, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

These consolidated appeals present challenges by two officials of Teamsters Local 929, Maurice Schurr and Harry Rosetsky, to convictions for substantive violations of 29 U.S.C. § 186 and for conspiracy to violate that statute. Appellants make two principal contentions. The first is that there was a material variance between the conspiracy identified in count one of the

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