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UNITED STATES v. KELLY

Crim. No. 77-250.

507 F.Supp. 495 (1981)

UNITED STATES of America v. David E. KELLY & Matthew Palmer, Jr.

United States District Court, E. D. Pennsylvania.

January 16, 1981.

Attorney(s) appearing for the Case

Walter S. Batty, Jr., Asst. U. S. Atty., Philadelphia, Pa., for the U. S.

J. Shane Creamer, Philadelphia, Pa., for defendants.

OPINION

DITTER, District Judge.

I. INTRODUCTION

Defendants were convicted of five substantive counts of mail fraud and a sixth count of conspiracy to commit mail fraud in violation of 18 U.S.C. § 1341 and 18 U.S.C. § 371 respectively. Presently before me are their post-trial motions in which they contend principally that the acts for which they were convicted did not comprise a "scheme or artifice to defraud" within the meaning of the...

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