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UNITED STATES v. LESSER

No. 487.

66 F.2d 612 (1933)

UNITED STATES v. LESSER et al.

Circuit Court of Appeals, Second Circuit.

August 1, 1933.

Attorney(s) appearing for the Case

Morris Kamber, of New York City (Otho S. Bowling, of New York City, of counsel), for appellant Henry Lesser.

Anthony P. Savarese, of Jamaica, L. I. N. Y., for appellant Forrest E. James.

Alfred D. Van Buren, of New York City, for appellant Philip M. Lahn.

Howard W. Ameli, U. S. Atty., of Brooklyn, N. Y. (Herbert H. Kellogg, Donald C. Strachan, and Emanuel Bublick, Asst. U. S. Attys., all of Brooklyn, N. Y., of counsel), for the United States.

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

AUGUSTUS N. HAND, Circuit Judge.

Henry Lesser, Forrest E. James, Philip M. Lahn, Walter E. Anderson, and Henry Henners were indicted for conspiring to violate section 2 of the Federal Food and Drugs Act of June 30, 1906 (21 USCA § 2). The indictment against Anderson was dismissed, and the jury found Henners was not guilty. Lesser, James, and Lahn were convicted and have all appealed.

The indictment alleged that the defendants

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