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UNITED STATES v. BREEN

No. 200.

96 F.2d 782 (1938)

UNITED STATES v. BREEN et al.

Circuit Court of Appeals, Second Circuit.

May 9, 1938.

Attorney(s) appearing for the Case

David V. Cahill, of New York City, for appellants.

Lamar Hardy, U. S. Atty., of New York City (Francis A. Mahony, Asst. U. S. Atty., and Frederick Backer, Sp. Asst. U. S. Atty., both of New York City, of counsel), for the United States.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

The appellants are a father and son who, with four others, were indicted by the grand jury for the Southern District of New York. The indictment charged them in each of four counts with the violation of 18 U.S.C.A. § 80, and in a fifth count with conspiracy so to do in violation of 18 U.S.C.A. § 88. There was a severance as to one of those indicted. The others were tried together; the two appellants...

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