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UNITED STATES v. ROLLNICK

No. 400.

91 F.2d 911 (1937)

UNITED STATES v. ROLLNICK et al.

Circuit Court of Appeals, Second Circuit.

August 16, 1937.

Attorney(s) appearing for the Case

David G. Haskins, of New York City (Samuel H. Kaufman and Eugene M. Parter, both of New York City, of counsel), for appellant Rollnick.

Emanuel Harris, of New York City, for appellant Werblin.

Paul J. McCauley, of New York City (Harold L. Fisher, of New York City, of counsel), for appellant Marshall Ward.

Robert P. Levis, of New York City, for appellant Herbert Smiler.

Jesse B. Messitte, of New York City, for appellant Samuel Halpert.

Godfrey & Marx, of New York City (Walter E. Godfrey, of New York City, of counsel), for appellant Gold.

Irving Spieler, of New York City (Ben Herzberg and Edward J. Ross, both of New York City, of counsel), for appellant Theodore Tetelman (Baldwin).

William J. Millard and Samuel L. Miller, both of New York City, for appellant Steinberg.

Raphael L. Elias, of New York City, for appellant Manchel.

Lamar Hardy, U. S. Atty., of New York City (Leo C. Fennelly and Richard J. Burke, Asst. U. S. Attys., and Frank H. Gordon, Sp. Asst. to U. S. Atty., all of New York City, of counsel), for the United States.

Before MANTON, SWAN, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

The indictment contained nineteen substantive counts, in each of which was alleged a separate use of the United States mails in furtherance of a scheme to defraud and an additional count 20 in which a conspiracy to defraud by using the mails was alleged. On motion at the close of the evidence of the prosecution, count 5 was dismissed as to all the defendants and counts 4, 10 and 12 as to appellants Baldwin and Steinberg. Before the trial began...

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