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IN RE COHEN

Nos. 239, 250.

62 F.2d 249 (1932)

In re COHEN (two cases).

Circuit Court of Appeals, Second Circuit.

December 19, 1932.

Attorney(s) appearing for the Case

Arthur J. W. Hilly, Corp. Counsel, of New York City (William E. C. Mayer and J. Joseph Lilly, both of New York City, of counsel), for appellant.

George Z. Medalie, U. S. Atty., of New York City (J. Edward Lumbard, Jr., Edmund L. Palmieri, William W. Prager, and Seymour M. Klein, Asst. U. S. Atty., all of New York City, of counsel), for appellee.

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

AUGUSTUS N. HAND, Circuit Judge (after stating the facts as above).

The contention of the appellant is that, by reason of the provisions of the Election Law of the state of New York, the records of the board of elections and the voting machines are so wholly within the control of the state that they cannot be directly reached by a subpœna duces tecum issued out of the United States court in a grand jury investigation. This position is based on the provisions...

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