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UNITED STATES v. KOLODNY

No. 303.

149 F.2d 210 (1945)

UNITED STATES v. KOLODNY.

Circuit Court of Appeals, Second Circuit.

May 4, 1945.

Attorney(s) appearing for the Case

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

T. Vincent Quinn, United States Attorney, of Brooklyn, N. Y. (Vine H. Smith and Herbert I. Sorin, Asst. U. S. Attys., both of Brooklyn, N. Y., of counsel), for appellee.

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

SWAN, Circuit Judge.

The appellant is a licensed pharmacist who maintained a drugstore in Brooklyn. He was convicted upon an indictment in two counts, one charging unlawful possession, the other unlawful sale, of distilled spirits in immediate containers on which were affixed no stamps "denoting the quantity of distilled spirits contained therein and evidencing payment of all internal revenue taxes imposed on such spirits...

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