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UNITED STATES v. MELLON

No. 252.

96 F.2d 462 (1938)

UNITED STATES v. MELLON et al.

Circuit Court of Appeals, Second Circuit.

April 18, 1938.

Attorney(s) appearing for the Case

Lamar Hardy, U. S. Atty., of New York City (Joseph Leary Delaney, Asst. U. S. Atty., and Frederick Backer, Sp. Asst. U. S. Atty., both of New York City, of counsel), for respondent.

Murray Kreindler, of New York City (William S. Baron, of New York City, on the brief), for defendant-appellant Mellon.

Abraham H. Simon, of Brooklyn, N. Y. (Jacob Graifer, of Brooklyn, N. Y., on the brief), for defendant-appellant Kaplan.

Before MANTON, SWAN, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

The appellants were tried, convicted, and sentenced on each of two counts in an indictment. They were charged in the first count with having made false statements, in violation of 18 U.S.C.A. § 80, in an application for a loan insured under the provisions of title 1, section 2, of the National Housing Act, as amended, 12 U. S.C.A. § 1703; and in the second with having conspired so to do in violation of 18 U.S.C.A. § 88.

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