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UNITED STATES v. GULLY

9 F.2d 959 (1922)

UNITED STATES v. GULLY.

District Court, S. D. New York.

December 28, 1922.

Attorney(s) appearing for the Case

The United States Attorney, for libelant.

Walter A. Swett and Elijah N. Zoline, both of New York City, for claimant.

LEARNED HAND, District Judge.

I see no alternative here but to dismiss all counts of the libel under the ruling of Coffey v. U. S., 116 U.S. 436, 6 S.Ct. 437, 29 L. Ed. 684. That case held that, where an indictment for violation of the Internal Revenue Act (38 Stat. 745) had resulted in an acquittal, the facts which were necessary to that indictment had been conclusively established against the government and constituted an estoppel...

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