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UNITED STATES v. RADICE

No. 306.

40 F.2d 445 (1930)

UNITED STATES v. RADICE et al.

Circuit Court of Appeals, Second Circuit.

April 7, 1930.

Attorney(s) appearing for the Case

James E. Duross, of New York City (Frederick Durgan, of New York City, of counsel), for appellant.

Brill, Bergenfeld & Brill, of New York City (Sanford H. Cohen, of New York City, of counsel), for appellee.

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

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

The appellee asks dismissal of the appeal on the ground that an order denying leave to intervene is not appealable. City of New York v. Consolidated Gas Co., 253 U.S. 219, 221, 40 S.Ct. 511, 64 L. Ed. 870; Credits Commutation Co. v. United States, 177 U.S. 311, 316, 20 S.Ct. 636, 44 L. Ed. 782. It is true that, where an application for intervention...

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