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UNITED STATES v. COTTER

No. 458.

60 F.2d 689 (1932)

UNITED STATES v. COTTER et al.

Circuit Court of Appeals, Second Circuit.

July 26, 1932.

Attorney(s) appearing for the Case

Harper & Matthews, of New York City (Harold Harper, of New York City, of counsel), for appellants.

George Z. Medalie, U. S. Atty., of New York City (Alvin McKinley Sylvester, J. Edward Lumbard, Jr., Joseph E. Brill, Paul Williams, and James A. Austin, Asst. U. S. Attys., all of New York City, of counsel), for the United States.

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

L. HAND, Circuit Judge.

Seven defendants were indicted for using the mails in the fraudulent sale of mining stock. There were twenty-four counts, one for the posting of each of twenty-four letters in pursuance of a single scheme, and a twenty-fifth count for conspiracy. Of the seven indicted the jury acquitted one, Schirp, disagreed as to another, George Ewald, and found guilty the appellants Cotter and Mitterlechner and their corporation. Two others, Bins and Louis...

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