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UNITED STATES v. FELDMAN

No. 180.

136 F.2d 394 (1943)

UNITED STATES v. FELDMAN.

Circuit Court of Appeals, Second Circuit.

June 8, 1943.

Attorney(s) appearing for the Case

Marshall, Bratter & Seligson, of New York City (Seymour M. Klein, of New York City, of counsel; Ruth F. Rosenthal and Harry L. Wechsler, both of New York City, on the brief), for appellant.

Mathias F. Correa, U. S. Atty., of New York City (Frederick H. Block, Peter J. Donoghue, and Thomas K. Fisher, Asst. U. S. Attys., all of New York City, of counsel), for appellee.

Before SWAN, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

SWAN, Circuit Judge.

The appellant was prosecuted upon an indictment of nine counts, each of which charged a scheme to defraud and a use of the mails in furtherance thereof, in violation of section 215 of the Criminal Code, 18 U.S.C.A. § 338. Seven of the counts were left to the jury. The appellant was found guilty on all of them and was sentenced to imprisonment for a term of five years.

The fraudulent scheme...

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