FORMAN, District Judge.
Counts one, two, four, and five of the indictment are involved herein.
Count one charges that the defendants, Joseph D'Auria and Antonio D'Auria, "were officers * * * [of] the D'Auria Bank & Trust Company of Newark, New Jersey, * * * the said bank being * * an insured bank under and by virtue of the provisions of the Act of Congress known as the Banking Act of 1933, approved June 16, 1933 [48 Stat. 162], as amended and supplemented...
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