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UNITED STATES v. GRAHAM

No. 62.

102 F.2d 436 (1939)

UNITED STATES v. GRAHAM et al.

Circuit Court of Appeals, Second Circuit.

March 6, 1939.

Attorney(s) appearing for the Case

John J. Taaffe, of San Francisco, Cal., and Moses Polakoff, of New York City, for appellants Graham and McKay.

Irving Spieler, of New York City, for appellant Allen Comer.

Lewis Landes, of New York City, for appellant Boies Heed.

Lamar Hardy, U. S. Atty., and William Power Maloney and W. Mahlon Dickerson, Asst. U. S. Attys., all of New York City.

Before L. HAND and CHASE, Circuit Judges.

CHASE, Circuit Judge.

William J. Graham, James C. McKay, Allen Comer and Boies Heed, with one other who was acquitted, were tried by a jury on all counts of two indictments, consolidated for trial, in the District Court for the Southern District of New York. The four men named were found guilty on all counts and have appealed.

The first indictment, returned April 19, 1934, charged in three counts the use of the United States mails in furtherance of a scheme...

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