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UNITED STATES v. CARPENTER

44 F.Supp. 654 (1942)

UNITED STATES v. CARPENTER et al.

District Court, S. D. New York.

April 9, 1942.

Attorney(s) appearing for the Case

Mathias F. Correa, U. S. Atty., of New York City (Jerome H. Doran, Asst. U. S. Atty., of New York City, of counsel), for the United States.

Wellman, Smyth, Lowenstein & Fennelly, of New York City (Leo C. Fennelly, of New York City, of counsel), for defendants.

MOSCOWITZ, District Judge.

The defendants Robert E. Rew, James Henry Ferdon Saier and Robert E. Rew & Co., Inc., have demurred to the indictment herein on the following grounds:

"1. That none of the counts of the indictment state facts sufficient to constitute a crime against the United States in that the first three counts fail to state facts constituting a scheme to defraud, and that the fourth count fails to state facts constituting a conspiracy.

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