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UNITED STATES v. DUIGNAN

No. 163.

4 F.2d 983 (1925)

UNITED STATES v. DUIGNAN

Circuit Court of Appeals, Second Circuit.

February 2, 1925.

Attorney(s) appearing for the Case

O'Connor & Donnellan, of New York City (George L. Donnellan and John W. Clancy, both of New York City, of counsel), for Duignan.

Leslie & Alden, of New York City (Warren Leslie, of New York City, of counsel), for Realty Co.

William Hayward, U. S. Atty., and Morris Streusand, Asst. U. S. Atty., both of New York City (John Holley Clark, Jr., Asst. U. S. Atty., of New York City, of counsel), for the United States.

Before ROGERS, HOUGH, and LEARNED HAND, Circuit Judges.

HOUGH, Circuit Judge (after stating the facts as above).

We shall not discuss the evidence tending to show that liquor was sold in Duignan's place in such wise as to create a nuisance within the statute; the trial court's ruling was quite within our decisions in Wiggins v. United States, 272 F. 41, and United States v. Reisenweber, 288 F. 520.

Exactly what appellant meant by his motion for a jury trial is not clear from the record. If his thought was to try...

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