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UNITED STATES v. GALLAGHER

No. 78-2678.

602 F.2d 1139 (1979)

UNITED STATES of America, Appellant, v. Anthony GALLAGHER, John McCarthy, and Allison Fredenburgh, Defendants-Appellees.

United States Court of Appeals, Third Circuit.

Decided July 23, 1979.

Attorney(s) appearing for the Case

George L. Schneider, Zazzali, Zazzali & Whipple, Newark, N. J., for Allison Fredenburgh.

Fredric J. Gross (argued), Haddonfield, N. J., for Anthony Gallagher.

Donald Horowitz, Cummins, Dunn, Horowitz & Pashman, Hackensack, N. J., for John McCarthy.

Robert J. Del Tufo, U.S. Atty., Ralph A. Jacobs (argued), Edwin R. Matthews, Asst. U.S. Attys., Newark, N. J., for the United States.

Before WEIS and GARTH, Circuit Judges, and BECHTLE, District Judge.

OPINION OF THE COURT

WEIS, Circuit Judge.

This is the second appeal stemming from convictions on charges of misapplication of bank funds. In the first appeal, we found sufficient evidence to convict but remanded because of error in the jury instructions. The district court read our opinion as setting a new legal standard for the offense, concluded that the proofs submitted at the first trial would be inadequate under this standard, and dismissed the indictment...

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