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UNITED STATES v. SCHURR

Nos. 84-1404, 84-1405.

794 F.2d 903 (1986)

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.

Decided July 10, 1986.

Rehearing and Rehearing Denied August 8, 1986.

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.

Rehearing and Rehearing In Banc Denied August 8, 1986.

OPINION ON REHEARING

BECKER, Circuit Judge.

This criminal appeal is before us for the second time. In our previous disposition we affirmed the conviction of the defendants for substantive violations of 29 U.S.C. § 186 (labor representatives' acceptance of payments from employers) and for conspiracy to violate that statute. We held that although there had been some variances in the Government...

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