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UNITED STATES v. EASTERDAY

No. 314.

57 F.2d 165 (1932)

UNITED STATES v. EASTERDAY et al.

Circuit Court of Appeals, Second Circuit.

April 4, 1932.

Attorney(s) appearing for the Case

Boardman Wright, of New York City, for all appellants.

I. Nicholas Gordon, of New York City, for Easterday.

Solomon Badesch, of New York City, for Harry Greenhaus.

Benjamin F. Fanger, of New York City, for Charles H. Greenhaus.

George Z. Medalie, of New York City (Leon Leighton, G. S. Tarbell, Jr., and Edmund L. Palmieri, all of New York City, of counsel), for the United States.

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

L. HAND, Circuit Judge.

The gravamen of the crime alleged was receiving money and securities from putative customers for the purchase and sale of shares of stock without executing their orders. The evidence was ample to show that the defendants made no effort to fulfill the contracts which they professed to make, but merely pocketed the proceeds, and, upon being detected in New York where they first carried on, took up new quarters in Washington and there continued...

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