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UNITED STATES v. MINUSE

No. 380.

114 F.2d 36 (1940)

UNITED STATES v. MINUSE et al.

Circuit Court of Appeals, Second Circuit.

August 7, 1940.

Attorney(s) appearing for the Case

Robert Williamson and Bernard J. O'Connell, both of New York City, for defendant-appellant Norman W. Minuse.

Carl O. Hoffmann, of New York City (A. Zanger and E. G. Magennis, both of New York City, of counsel), for defendant-appellant Joseph E. H. Pelletier.

John T. Cahill, U. S. Atty. of New York City (Boris Kostelanetz and Raymond Ickes, Asst. U. S. Attys., both of New York City, of counsel), for plaintiff-appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

The defendants Minuse and Pelletier were indicted under Section 88 of Title 18 of the United States Code, 18 U.S.C.A. § 88, for conspiring with other persons to violate the provisions of the Securities Exchange Act of 1934, 15 U.S.C.A. § 78a et seq., prohibiting the manipulation of security prices on a National Securities Exchange. Those provisions read as follows:

"Sec. 9 [§ 78.] (a). It shall be unlawful for...

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