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UNITED STATES v. BERG

No. 8554.

144 F.2d 173 (1944)

UNITED STATES v. BERG.

Circuit Court of Appeals, Third Circuit,

Decided August 11, 1944.

Attorney(s) appearing for the Case

Frederic M. P. Pearse, of Newark, N. J., for appellant.

Charles A. Stanziale, of Newark, N. J. (Thorn Lord, U. S. Atty., of Newark, N. J., on the brief), for appellee.

Before BRATTON and JONES, Circuit Judges, and KIRKPATRICK, District Judge.

BRATTON, Circuit Judge.

An indictment containing eight counts was returned against Harry A. Berg, Theodore Keve, and Moe Schreiber. The first four counts each charged a separate use of the mails in furtherance of a scheme to defraud, in violation of section 215 of the Criminal Code, 18 U.S.C.A. § 338; and the last four counts each charged a separate solicitation of money for the use of the United States, with the intention of embezzling and converting such money...

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