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UNITED STATES v. POLAKOFF

No. 329.

121 F.2d 333 (1941)

UNITED STATES v. POLAKOFF et al.

Circuit Court of Appeals, Second Circuit.

June 28, 1941.

Attorney(s) appearing for the Case

Louis Halle, of New York City (Irving Spieler and Samuel Mezansky, both of New York City, on the brief), for appellants.

Mathias F. Correa, U. S. Atty., of New York City (William F. Young and Robert L. Werner, Asst. U. S. Attys., both of New York City, of counsel), for the United States.

Before L. HAND, CHASE, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

On an appeal from a previous conviction in this case, a new trial was ordered because evidence improperly secured had been admitted. United States v. Polakoff, 2 Cir., 112 F.2d 888, certiorari denied 311 U.S. 653, 61 S.Ct. 41, 85 L.Ed. ___. At that time we expressed the view that the evidence was otherwise adequate to justify conviction. But the point now pressed upon us was not then directly considered; and...

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