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DIAMOND v. UNITED STATES

Nos. 7746-7755.

108 F.2d 859 (1938)

DIAMOND v. UNITED STATES and nine other cases.

Circuit Court of Appeals, Sixth Circuit.

April 11, 1938.

Attorney(s) appearing for the Case

Herman E. Kohen, of Cleveland, Ohio, for Max Diamond.

William J. Corrigan and Gerard Pilliod, both of Cleveland, Ohio, for Louis Rothkopf and Abraham Balaban.

Julian C. Ryer, of Chicago, Ill., for Albert Phillips.

C. F. McConnell, of Cleveland, Ohio, for Morris Phillips.

Henry Galen, of Cleveland, Ohio, for Morris Klein and Joe Kater.

Edward J. Hess, of Chicago, Ill., for Abraham Balaban.

Henry A. Pollack, of Cleveland, Ohio, for Philip Goldberg.

Stephen M. Young, of Cleveland, Ohio, for Harry Orloff.

Harry F. Glick, of Cleveland, Ohio, for Sam Gildar.

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.

These cases are before us upon petition to rehear. The petition states "of approximately 150 telephone conversations introduced in evidence, only four or five were interstate calls, the rest all being intrastate calls," and that the order made by which the cases were reversed is silent as to the effect of the Communications Act of 1934 upon intrastate calls. The declared purpose of the Communications Act was to regulate interstate and foreign commerce...

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