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  5. 857 F.2d 137 (1988)
 

U.S. v. ZAUBER

Nos. 87-5292 to 87-5294 and 88-5244 to 88-5246.

857 F.2d 137 (1988)

UNITED STATES of America, Appellee, v. Kenneth P. ZAUBER, Appellant at Nos. 87-5292 and 88-5244. UNITED STATES of America, Appellee, v. Robert COAR, Appellant at Nos. 87-5293 and 88-5245. UNITED STATES of America, Appellee, v. Frank SCOTTO, Appellant at Nos. 87-5294 and 88-5246.

United States Court of Appeals, Third Circuit.

Decided August 31, 1988.

As Amended on Denial of Rehearing and Rehearing November 10, 1988.

Attorney(s) appearing for the Case

Roanne L. Mann (argued), Stein, Zauderer, Ellenhorn, Frischer & Sharp, New York City, for appellant Kenneth P. Zauber.

Michael R. Perle (argued), Hayden & Perle, Hoboken, N.J., for appellant Robert Coar.

Robert E. Margulies (argued), Clifford A. Herrington, Margulies, Wind, Herrington & Katz, Jersey City, N.J., for appellant Frank Scotto.

Samuel P. Moulthrop, Chief, Appeals Div., Marion Percell, Asst. U.S. Atty. (argued), Newark, N.J., for appellee.

Before BECKER, HUTCHINSON and SCIRICA, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing In Banc November 10, 1988.

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

I. INTRODUCTION

Appellants Robert Coar and Frank Scotto were indicted,1 tried and convicted of mail and wire fraud pursuant to 18 U.S.C.A. §§ 1341 (West 1984) and 1343 (West 1984) and of conspiring to violate 18 U.S.C.A. § 1962(c) (West 1984) of the Racketeer Influenced and...

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