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2d Cir 5th Cir admission Affirmed agent agreement alleged amended appellee application arbitration argues argument attorney award Bank Board cause of action cert charge Chief Judge Circuit Judge Cite as 593 claim claimant clause cocaine complaint Confrontation Clause conspiracy contends contract conviction Corp corporation counsel counts Court of Appeals Criminal Law decision defendant defendant's dence denied determine dismissed district court District Judge dual representation employees evidence F.Supp fact federal filed Government Government's guilty hearing held indictment insured issue judgment jury L.Ed Labor Levitt limited ment Merrill Lynch motion parties payment person petition petitioner plaintiff prior proceedings provides reasonable record remand rule S.Ct Securities sentence sion Sixth Amendment statement statute summary judgment supra Supreme Court testified testimony tion trial court trial judge trict U. S. Atty U.S. Steel Union United States Court United States District Vesco violation