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UNITED STATES v. SCHENCK

40 F.Supp. 56 (1941)

UNITED STATES v. SCHENCK et al.

District Court, S. D. New York.

July 16, 1941.

Attorney(s) appearing for the Case

Mathias F. Correa, U. S. Atty., of New York City (Bruno Schachner and R. Lewis Townsend, Asst. U. S. Attys., both of New York City, of counsel), for the United States.

Garey & Garey, of New York City, for petitioner.

BRIGHT, District Judge.

By this application, Alfred C. Blumenthal, a witness allegedly material and necessary to the prosecution of the above case, seeks to set aside an order made by the Honorable Grover C. Moscowitz on March 11, 1941, and a subpœna issued on that day pursuant to that order. The order obviously was made under Sections 712 and 713 of 28 United States Code Annotated, 44 Stat. 835. The affidavit upon which the order was based clearly sets forth...

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