UNITED STATES v. KELLERMAN

No. 83-5036.

729 F.2d 281 (1984)

UNITED STATES of America, Appellant, v. Fred M. KELLERMAN, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 17, 1984.

Rehearing and Rehearing Denied May 31, 1984.


Attorney(s) appearing for the Case

Jean B. Weld, Asst. U.S. Atty., Roanoke, Va. (John P. Alderman, U.S. Atty., Roanoke, Va., on brief), for appellant.

Charles R. Beller, III, Christiansburg, Va., Donald R. Mullins, Tazewell, Va. (James R. Henderson, IV, Mullins & Mullins, P.C., Tazewell, Va., on brief), for appellee.

Before HALL, MURNAGHAN and CHAPMAN, Circuit Judges.


Rehearing and Rehearing En Banc Denied May 31, 1984.

K.K. HALL, Circuit Judge:

The United States appeals from an order of the district court, 555 F.Supp. 843, vacating its prior ruling finding Fred M. Kellerman (Kellerman) guilty of misapplication of bank funds under 18 U.S.C. § 656. We affirm.

I.

Kellerman became president of the Southwest Virginia National Bank (the "Bank") in 1975, after approximately...

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