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MARGOLIN v. UNITED STATES

No. 76.

3 F.2d 602 (1924)

MARGOLIN v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

November 3, 1924.

Attorney(s) appearing for the Case

F. R. Serri, of Brooklyn, N. Y., for plaintiff in error.

Wm. Hayward, U. S. Atty., of New York City (Carl Brecher, Asst. U. S. Atty., of Brooklyn, N. Y., of counsel), for the United States.

Before ROGERS and MANTON, Circuit Judges, and LEARNED HAND, District Judge.

LEARNED HAND, District Judge.

The defendant was convicted by a jury and fined $250 for violation of section 13 of Act Sept. 2, 1914, as added by Act Oct. 6, 1917, § 2, and as amended by Act May 20, 1918, § 1, "the War Risk Insurance Act" (Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 514kk). The exceptions raise the questions whether the section is constitutional under the Fifth Amendment, and, if so, whether an attorney may charge more than $3 for any...

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