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UNITED STATES v. LUTZ

No. 8564.

142 F.2d 985 (1944)

UNITED STATES v. LUTZ.

Circuit Court of Appeals, Third Circuit.

Decided May 15, 1944.

Attorney(s) appearing for the Case

Louis B. LeDuc, of Camden, N. J. (Milton C. Nurock, of Camden, N. J., and Isidor Ostroff, of Philadelphia, Pa., on the brief), for appellant.

Thomas J. Curtin, of Philadelphia, Pa. (Gerald A. Gleeson, U. S. Atty., of Philadelphia, Pa., on the brief), for appellee.

Before JONES, GOODRICH, and McLAUGHLIN, Circuit Judges.

GOODRICH, Circuit Judge.

The defendant was indicted on two counts for buying and selling Maine selected seed potatoes at prices higher than the maximum price permitted by Maximum Price Regulation No. 271 and § 4 of the Emergency Price Control Act of 1942, 50 U.S.C.A.Appendix, § 904(a). He was acquitted on the second count for selling, but found guilty on the first count which charged him with having "bought and received" seed potatoes at prices above the...

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