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UNITED STATES v. RADICE

No. 183.

36 F.2d 769 (1929)

UNITED STATES v. RADICE et al.

Circuit Court of Appeals, Second Circuit.

December 9, 1929.

Attorney(s) appearing for the Case

Frederick Durgan, of New York City, for appellant.

Brill, Bergenfeld & Brill, of New York City (Sanford H. Cohen, of New York City, of counsel), for appellee 154 West 14th Street Co., Inc.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

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

Glendenning does not, and cannot, after United States v. Duignan (C. C. A.) 4 F.2d 983, affirmed Duignan v. United States, 274 U.S. 195, 47 S.Ct. 566, 71 L. Ed. 996, and United States v. Gaffney et al. (C. C. A.) 10 F.2d 694, deny the power to decree the lease forfeited, but bases his appeal on the ground that...

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