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UNITED STATES v. LEKACOS

No. 2-302.

151 F.2d 170 (1945)

UNITED STATES v. LEKACOS et al.

Circuit Court of Appeals, Second Circuit.

Writ of Certiorari Granted November 13, 1945.

Attorney(s) appearing for the Case

Henry G. Singer, of Brooklyn, N. Y., for Kotteakos and Lekacos.

Herbert Zelenko and Weinberger & Weinberger, all of New York City (Harry M. Weinberger, of New York City, of counsel), for appellant Nathan Regenbogen.

Vine H. Smith, Asst. U. S. Atty., and Miles F. McDonald, U. S. Atty., both of Brooklyn, N. Y., for the United States.

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

Writ of Certiorari Granted November 13, 1945. See 66 S.Ct. 169.

L. HAND, Circuit Judge.

Lekacos, Kotteakos and Regenbogen appeal from a judgment of conviction for a conspiracy to make fraudulent applications for loans under the National Housing Act, contrary to §§ 1702, 1703, 1715 and 1731 of Title 12, U.S.C.A. They raise only two points: (1) A material variance between the indictment and the evidence, in that the indictment was for a single conspiracy...

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