DIAMOND v. UNITED STATES

Nos. 7746-7755.

94 F.2d 1012 (1938)

Max DIAMOND v. UNITED STATES. Louis ROTHKOPF v. UNITED STATES. Albert PHILLIPS v. UNITED STATES. Morris PHILLIPS v. UNITED STATES. Morris KLEIN v. UNITED STATES. Joe KATER v. UNITED STATES. Abraham BALABAN v. UNITED STATES. Philip GOLDBERG v. UNITED STATES. Harry ORLOFF v. UNITED STATES. Sam GILDAR v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

February 17, 1938.


Attorney(s) appearing for the Case

Herman E. Kohen, William J. Corrigan, and Gerard Pilliod, all of Cleveland, Ohio, Julian C. Ryer, of Chicago, Ill., and C. F. McConnell, Henry Galen, Henry A. Pollack, Stephen M. Young, and Harry F. Glick, all of Cleveland, Ohio, for appellants.

E. B. Freed, U. S. Atty., of Cleveland, Ohio, for the United States.

Before HICKS and SIMONS, Circuit Judges, and O'BRIEN, District Judge.


PER CURIAM.

It appearing upon the record in these appeals that evidence procured by wire tapping constituted a vital factor in the conviction of appellants, and that such testimony is forbidden by section 605 of the Federal Communication Act of 1934, 47 U.S.C.A. § 605 (see Frank Carmine Nardone et al. v. United States of America, 58 S.Ct. 275, 82 L.Ed. ___, decided by the Supreme Court December 20, 1937), it is therefore ordered and adjudged that the judgments...

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