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UNITED STATES v. MECHANIK

Nos. 80-5166 to 80-5169.

756 F.2d 994 (1985)

UNITED STATES of America, Appellee, v. Marshall MECHANIK, a/k/a Michael Patrick Flanagan, Appellant. UNITED STATES of America, Appellee, v. Shahbaz Shane ZARINTASH, Appellant. UNITED STATES of America, Appellee, v. Jerome Otto LILL, Steven Henry Riddle, Appellants. UNITED STATES of America, Appellee, v. Mark Douglas CHADWICK, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 1, 1985.

Attorney(s) appearing for the Case

Herald Price Fahringer, Buffalo, N.Y. (Lipsitz, Green, Fahringer, Roll, Schuller & James, Buffalo, N.Y., Edwin F. Kagin, Louisville, Ky., W. Dale Green, Michael D. Graves, Hall, Estill, Hardwick, Gable, Collingsworth & Nelson, Washington, D.C., on brief), and Richard Chosid, Fort Lauderdale, Fla., for appellants.

Marye L. Wright, Asst. U.S. Atty., Charleston, W.Va. (David A. Faber, U.S. Atty., Charleston, W.Va., on brief), for appellee.

Before WINTER, Chief Judge, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, ERVIN, CHAPMAN, WILKINSON and SNEEDEN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

PER CURIAM.

I

For reasons stated in the majority opinion of the panel, United States v. Mechanik, 735 F.2d 136 (4th Cir.1984), the judgments convicting Mechanik, Zarintash, Lill, and Riddle on count 1 of the indictment are reversed.

Dissenting, Judge Russell, Judge Hall, Judge Chapman, Judge Wilkinson, and Judge Sneeden would affirm for the reasons stated in the dissent to the panel opinion, 735 F.2d at 141...

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