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UNITED STATES v. SERPICO

No. 223.

148 F.2d 95 (1945)

UNITED STATES v. SERPICO.

Circuit Court of Appeals, Second Circuit.

February 26, 1945.

Attorney(s) appearing for the Case

Henry G. Singer, of Brooklyn, N. Y. (Harry Silver, of Brooklyn, N. Y., on the brief), for defendant-appellant.

Mario Pittoni, Asst. U. S. Atty., of Brooklyn, N. Y. (T. Vincent Quinn, U. S. Atty., and Vine H. Smith and Albert V. De Meo, Asst. U. S. Attys., all of Brooklyn, N. Y., on the brief), for plaintiff-appellee.

Before EVANS, CLARK, and FRANK, Circuit Judges.

PER CURIAM.

Defendant's contention that prosecution for possessing and passing counterfeit gasoline ration coupons can be had only under the Second War Powers Act, § 301, 50 U.S.C.A.Appendix, § 633, 2(a) (5), because the violated regulations were issued under that Act, cf. United States v. Randall, 2 Cir., 140 F.2d 70; United States v. Todaro, 2 Cir., 145 F.2d 977, is in substance a claim...

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