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VAUSE v. UNITED STATES

No. 411.

53 F.2d 346 (1931)

VAUSE et al. v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

August 13, 1931.

Attorney(s) appearing for the Case

Blau, Perlman & Polakoff, of New York City (Robert H. Elder, Otho S. Bowling, and Louis Masheb, all of New York City, of counsel), for appellant Vause.

Lind, Shlivek, Marks & Brin, of New York City (George H. Combs, Jr., and Simon Rosenzweig, both of New York City, of counsel), for appellant Schuchman.

George Z. Medalie, U. S. Atty., of New York City (Elbridge Gerry, Livingston Hall, Edmund L. Palmieri, and Arthur H. Schwartz, Asst. U. S. Attys., all of New York City, of counsel), for the United States.

Before MANTON, SWAN, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

The two defendants who have appealed were indicted with eight others. The indictment contained thirteen counts. Each of the first twelve counts charged the fraudulent use of the mails in the same language, but alleged mailing to a different person. The thirteenth count charged conspiracy. Defendant Vause was found guilty on each count. Defendant Schuchman was convicted on the first six and the thirteenth count. Both appealed. Of the other defendants...

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