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UNITED STATES v. BENDER

No. 452.

60 F.2d 56 (1932)

UNITED STATES v. BENDER et al.

Circuit Court of Appeals, Second Circuit.

July 5, 1932.

Attorney(s) appearing for the Case

George Z. Medalie, U. S. Atty., of New York City (Edmund L. Palmieri and Jacob J. Rosenblum, Asst. U. S. Attys., both of New York City, of counsel), for the United States.

Samson Selig, of New York City (Alan Fox and I. Bernard Halpern, both of New York City, of counsel), for appellant Posner.

Falk & Orleans, of New York City, for appellant Michael Bender.

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

MANTON, Circuit Judge.

The appellants were convicted on six counts of an indictment charging the use of the mails in furtherance of a scheme to defraud and on one count charging conspiracy so to do. Sections 37, 215, 332, U. S. Criminal Code (18 USCA §§ 88, 338, 550). Appellant Bender was an officer of H. Bender & Sons, Inc., and appellant Posner was its accountant. Both actively managed its corporate and business affairs; Posner supervised and instructed...

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