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PELZ v. UNITED STATES

No. 227.

54 F.2d 1001 (1932)

PELZ et al. v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

January 4, 1932.

Attorney(s) appearing for the Case

M. B. & D. W. Blumenthal, of New York City (Theodore Kiendl and Otho S. Bowling, both of New York City, of counsel), for appellant Pelz.

Walter H. Pollak and Carl S. Stern, both of New York City, for appellant Greenstein.

George Z. Medalie, U. S. Atty., of New York City (Samuel C. Coleman, Asst. U. S. Atty., of New York City, of counsel), for the United States.

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

MANTON, Circuit Judge.

The indictment charged appellants in nine substantive counts of violation of the mail fraud statutes (section 215 U. S. Criminal Code, 18 USCA § 338), and in the tenth count with conspiracy to violate the statute (section 37 U. S. Criminal Code, 18 USCA § 88). They were acquitted on the substantive counts and convicted on the conspiracy count.

Pelz-Greenstein Company, Inc., was a New York corporation, and the appellants were...

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