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UNITED STATES v. GOLDSTEIN

No. 199.

135 F.2d 359 (1943)

UNITED STATES v. GOLDSTEIN et al. Steuer and Levigno.

Circuit Court of Appeals, Second Circuit.

May 6, 1943.

Attorney(s) appearing for the Case

Henry K. Chapman, of New York City, for appellants Benjamin Goldstein, Charles Goldstein, and Harry Steuer.

Louis Halle, of New York City, for appellant John Levigno.

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

Before SWAN, CHASE, and CLARK, Circuit Judges.

CHASE, Circuit Judge.

The appellants were indicted with seventeen others by a grand jury sitting in the Southern District of New York. They were charged in a single count with conspiring in that district from about September 1, 1938, to January 20, 1941, to defraud the government of taxes on distilled spirits in violation of the conspiracy statute, 18 U.S.C.A. § 88. Twelve of those indicted pleaded guilty before trial; there was a severance as to one; three were...

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