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UNITED STATES v. GARST

No. 8788.

39 F.Supp. 367 (1941)

UNITED STATES v. GARST.

District Court, E. D. Pennsylvania.

June 18, 1941.

Attorney(s) appearing for the Case

Gerald A. Gleeson, U. S. Atty., and Edward A. Kallick, Asst. U. S. Atty., both of Philadelphia, Pa., for plaintiff.

Julian D. Cornell, of New York City, for defendant.

KALODNER, District Judge.

The demurrer is overruled.

The questions raised in the demurrer were disposed of by District Court Judge Bondy, of the Southern District of New York, in his opinion in United States v. Rappeport et al., 36 F.Supp. 915, affirmed by the United States Circuit Court of Appeals for the Second Circuit, in a per curiam opinion on June 2, 1941, United States v. Herling, 120 F.2d 236

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