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UNITED STATES v. WISHNATZKI

No. 322.

77 F.2d 357 (1935)

UNITED STATES v. WISHNATZKI et al.

Circuit Court of Appeals, Second Circuit.

May 13, 1935.

Attorney(s) appearing for the Case

Henry Silverman, of New York City (David Haar, of New York City, of counsel), for appellant.

Martin Conboy, U. S. Atty., Francis W. H. Adams, Chief Asst. U. S. Atty., and George R. Pfann, Asst. U. S. Atty., all of New York City (Richard J. Burke, Sp. Asst. U. S. Atty., of New York City, of counsel), for the United States.

Burt L. Smelker, of Washington, D. C., for Interstate Commerce Commission.

Before MANTON, L. HAND, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

The defendants were indicted for a violation of the Interstate Commerce Act (49 USCA § 10 (3), and were tried by court after a jury had been waived. See Patton v. United States, 281 U.S. 276, 50 S.Ct. 253, 74 L. Ed. 854, 70 A. L. R. 263. The government having elected to stand on the eleventh count in the indictment, the other counts were dismissed on its own motion. Defendant Sroge alone was convicted and...

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