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UNITED STATES v. NARDONE

No. 342.

90 F.2d 630 (1937)

UNITED STATES v. NARDONE et al.

Circuit Court of Appeals, Second Circuit.

June 14, 1937.

Attorney(s) appearing for the Case

Thomas O'Rourke Gallagher, of Brooklyn, for defendant-appellant Nardone.

Joseph P. Nolan, of New York City, for defendants-appellants Callahan and Brown.

Louis Halle, of New York City, for defendant-appellant Gottfried.

Lamar Hardy, U. S. Atty., of New York City (Lester C. Dunigan, Asst. U. S. Atty., and Maxwell S. McKnight, Sp. Asst. U. S. Atty., both of New York City, of counsel), for the United States.

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

CHASE, Circuit Judge.

The appellants were indicted in the Southern District of New York, tried and convicted on all counts, and sentenced. The indictment was in three counts. The first count charged the violation of 19 U. S.C.A. § 1593(a), as principals under 18 U.S.C.A. § 550, by smuggling a large quantity of alcohol into the Port of New York; the second count charged the violation of 19 U.S.C.A. § 1593(a), by receiving and concealing the smuggled...

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