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UNITED STATES v. SIMONDS

No. 212.

148 F.2d 177 (1945)

UNITED STATES v. SIMONDS.

Circuit Court of Appeals, Second Circuit.

March 13, 1945.

Attorney(s) appearing for the Case

Albert Lyons, of Brooklyn, N. Y., for appellant.

John F. X. McGohey, U. S. Atty., of New York City; (Nicholas P. Iannuzzi and Joseph Brandwen, Asst. U. S. Attys., both of New York City, of counsel), for appellee.

Before CHASE, HUTCHESON, and FRANK, Circuit Judges.

CHASE, Circuit Judge.

The appellant was found guilty by a jury in the District Court for the Southern District of New York after trial on an indictment in one count charging that he conspired with Steven Homa and Edward J. Moran to violate 50 U.S.C.A.Appendix § 633 and Ration Order 5-C relating to gasoline ration coupons. Violation of the latter is made a misdemeanor by the terms of § 2(a) (5) of the Act of June 28, 1940, 50 U.S.C.A.Appendix § 1152...

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