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UNITED STATES v. LEATHERS

No. 188.

135 F.2d 507 (1943)

UNITED STATES v. LEATHERS et al.

Circuit Court of Appeals, Second Circuit.

May 5, 1943.

Attorney(s) appearing for the Case

Sydney L. Bleicher, of New York City (Harold L. Fisher, of New York City, of counsel), for appellant Alfred C. Leathers.

Jac M. Wolff, of New York City, and B. D. Oliensis, of Philadelphia, Pa. (B. D. Oliensis, of Philadelphia, Pa., of counsel), for appellant Willard J. Thomas.

Mathias F. Correa, U.S. Atty., of New York City (Saul S. Sharison and Peter J. Donoghue, Asst. U.S. Attys., both of New York City, of counsel), for appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

The defendants Leathers and Thomas were convicted of devising a scheme to defraud a seventy-two year old woman, Johanna A. Bayer, and her nephew, Wilhelm Bayer, through false representations and of executing the scheme through the use of the United States mails. They were also convicted of conspiring to commit the substantive offenses. The defendants Leathers and Thomas have appealed from the judgment of conviction, which, in our opinion...

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