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UNITED STATES v. LOTSCH

No. 63.

102 F.2d 35 (1939)

UNITED STATES v. LOTSCH.

Circuit Court of Appeals, Second Circuit.

February 27, 1939.

Attorney(s) appearing for the Case

Warren I. Lee, of New York City (Samuel L. Miller and Warren I. Lee, both of New York City, Arthur L. Burchell, of Brooklyn, N. Y., of counsel) for appellant.

Vine H. Smith, U. S. Atty., of Brooklyn, N. Y. (Frank J. Parker, of Brooklyn, N. Y., of counsel), for the United States.

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

L. HAND, Circuit Judge.

This appeal comes up from a judgment of conviction upon three counts of an indictment for receiving commissions from borrowers from a national bank of which the accused was an officer (section 595, Title 12, U.S.Code, 12 U.S.C.A. § 595). The first count (the second in the indictment) alleged that on June 21, 1935, Lotsch, the accused, who was chairman of the bank's board of directors, received a commission of $2,500 from the borrower,...

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