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UNITED STATES v. PARK AVENUE PHARMACY

No. 169.

56 F.2d 753 (1932)

UNITED STATES v. PARK AVENUE PHARMACY, Inc., et al.

Circuit Court of Appeals, Second Circuit.

March 7, 1932.

Attorney(s) appearing for the Case

George H. Combs, Jr., of New York City, for appellants Tobach, Vogel, Medoff, Sheaber, Sisselman, Friedberg, Levy, and Margules.

Sanford H. Cohen, of New York City (William C. Hecht, Jr., and George Cohen, both of New York City, on the brief), for appellant J. Robert Cogen.

John Joseph Babe, of New York City, for appellant Steiger.

George Z. Medalie, U. S. Atty., of New York City (Joseph F. Sharp and Elbridge E. Gerry, both of New York City, of counsel), for the United States.

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

CHASE, Circuit Judge (after stating the facts as above).

The proof of participation in the conspiracy by the druggists who have appealed is very sketchy. Some of them may have purchased whisky through Cogen, though even that is left uncertain. No one testified about the circumstances surrounding the cancellation of any of the prescriptions they filled. What they did was to sell whisky on such prescriptions and thus account for so much of the whisky they withdrew....

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