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UNITED STATES v. KELLY

No. 96.

86 F.2d 613 (1936)

UNITED STATES ex rel. LOTSCH v. KELLY, Marshal.

Circuit Court of Appeals, Second Circuit.

November 30, 1936.

Attorney(s) appearing for the Case

William J. Millard, Warren I. Lee, and Samuel L. Miller, all of New York City, for appellant.

Lamar Hardy, U. S. Atty., of New York City (Charles J. Nager and R. V. N. Powelson, Asst. U. S. Attys., both of New York City, of counsel), for respondent-appellee.

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

PER CURIAM.

Appellant was indicted under section 133 of the Criminal Code (18 U.S.C. § 239 [18 U.S.C.A. § 239]), on two counts, the first charging that he "while acting as Special Master * * * did ask for * * * five hundred * * * upon the agreement and understanding that his opinions, actions, judgments and decisions as special master would be influenced thereby. * * *" The only pertinent difference in the second count is that it charged appellant with ...

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