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UNITED STATES v. SPIES

No. 280.

128 F.2d 743 (1942)

UNITED STATES, Appellee, v. Murray R. SPIES, Appellant.

Circuit Court of Appeals, Second Circuit.

June 19, 1942.

Attorney(s) appearing for the Case

David V. Cahill, of New York City, for appellant.

Edward J. Behrens, of New York City, for the appellee.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

PER CURIAM.

The only question upon this appeal of enough importance to demand notice is the judge's charge, which followed the interpretation put upon § 145(b), 26 U.S.C.A. Int.Rev. Code, in O'Brien v. United States, 7 Cir., 51 F.2d 193, which we followed in United States v. Miro, 60 F.2d 58. We all agree that we must continue so to construe the section until the Supreme Court decides otherwise...

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