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UNITED STATES v. PRESSER

No. 124.

99 F.2d 819 (1938)

UNITED STATES v. PRESSER.

Circuit Court of Appeals, Second Circuit.

November 7, 1938.

Attorney(s) appearing for the Case

Edward I. Kaplan, of New York City, for appellant.

Lamar Hardy, U. S. Atty., of New York City (Walter B. Lockwood, Asst. U. S. Atty., of New York City, of counsel), for the United States.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The defendant was convicted of violating Section 80 of Title 18, United States Code, 18 U.S.C.A. § 80, by presenting false vouchers and affidavits to the Treasury Department, Procurement Division, in order to secure pay under certain contracts. The section in question is as follows:

"§ 80. (Criminal Code, section 35, amended.) Presenting false claims; aiding in obtaining payment thereof. Whoever shall * * ...

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