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UNITED STATES v. RANDALL

No. 64.

140 F.2d 70 (1944)

UNITED STATES v. RANDALL et al.

Circuit Court of Appeals, Second Circuit.

January 27, 1944.

Attorney(s) appearing for the Case

Elwin N. Edwards, of Mineola, N. Y., and Louis J. Castellano, of Brooklyn, N. Y. (Louis J. Castellano, of Brooklyn, N. Y., and David V. Cahill, of New York City, of counsel), for appellants.

Harold M. Kennedy, U. S. Atty., of Brooklyn, N. Y. (Vine H. Smith and Albert V. DeMeo, Asst. U. S. Attys., both of Brooklyn, N. Y., of counsel), for appellee.

Before SWAN, CLARK, and FRANK, Circuit Judges.

PER CURIAM.

The appellants attack the judgment of conviction upon three grounds, none of which has sufficient merits to require extended discussion. They urge (1) that the provisions of the Second War Power Act of 1942, pursuant to which Ration Order 5C purports to be issued, amount to an unconstitutional delegation of power; (2) that the Ration Order is invalid because not supported by appropriate findings of fact; and (3) that the indictment is insufficient to charge...

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