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UNITED STATES v. MULLIGAN

No. 155.

67 F.2d 321 (1933)

UNITED STATES ex rel. SIMKOFF v. MULLIGAN, United States Marshal.

Circuit Court of Appeals, Second Circuit.

November 6, 1933.

Attorney(s) appearing for the Case

Max Schultz and Milton B. Seasonwein, both of New York City (Milton B. Seasonwein, of New York City, of counsel), for relator-appellant.

George Z. Medalie, U. S. Atty., of New York City (Edmund L. Palmieri, Asst. U. S. Atty., of New York City, of counsel), for respondent-appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

On April 21, 1930, the relator-appellant, William Simkoff, pleaded guilty to both counts of an indictment charging violations of section 151 of the United States Criminal Code (18 USCA § 265). The first count charged that on or about the 2d day of April, 1930, at the Southern district of New York, he "unlawfully, wilfully, knowingly and with intent to defraud, did have in * * * control, custody and possession a certain falsely...

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