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UNITED STATES v. MALLINGER

Nos. 6396, 6397.

91 F.2d 825 (1937)

UNITED STATES v. MALLINGER.

Circuit Court of Appeals, Third Circuit.

July 30, 1937.

Attorney(s) appearing for the Case

Joseph A. Rossi, of Pittsburgh, Pa., for appellant.

Charles F. Uhl, U. S. Atty., and George Mashank, Asst. U. S. Atty., both of Pittsburgh, Pa., for the United States.

Before THOMPSON and BIGGS, Circuit Judges, and DICKINSON, District Judge.

BIGGS, Circuit Judge.

In view of the fact that the two appeals here involved grow out of closely related states of fact, we will deal with both in one opinion.

Sam Mallinger, the only appellant herein, was charged in an indictment by the grand jury for the Western District of Pennsylvania, in case 6396 (No. 9688, Criminal, upon the docket of the District Court for the Western District of Pennsylvania), in a first count, with having possession of one hundred...

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