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SULTZBACH CLOTHING CO. v. UNITED STATES

No. 2819.

10 F.2d 363 (1925)

SULTZBACH CLOTHING CO. v. UNITED STATES.

District Court, W. D. New York.

October 26, 1925.

Attorney(s) appearing for the Case

Fleischmann, Block & Altman (Simon Fleischmann and Adrian Block, both of Buffalo, N. Y., of counsel), for plaintiff.

Francis E. Kerwin, Asst. U. S. Atty., of Buffalo, N. Y.

HAZEL, District Judge.

The plaintiff, Sultzbach Clothing Company, pleaded guilty to an indictment charging a violation of section 4 of the Lever Act (Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 3115 1/8ff), and was sentenced by the court to pay a substantial fine. Subsequently, on issuance of an execution, the United States marshal was paid $6,000 to apply on the penalty, and before paying the balance the Supreme Court held section 4 unconstitutional and void...

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