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UNITED STATES v. ELIOPOULOS

No. 24, Docket 20253.

158 F.2d 206 (1946)

UNITED STATES v. ELIOPOULOS et al.

Circuit Court of Appeals, Second Circuit.

November 18, 1946.

Attorney(s) appearing for the Case

J. Vincent Keogh, U. S. Atty., of New York City (Vine H. Smith, Asst. U. S. Atty., of New York City, of counsel), for appellant.

David P. Siegel, of New York City (Charles H. Tuttle, of New York City, of counsel), for Elias Eliopoulos, appellee.

Charles Rosenthal, of New York City (Albert S. Gross, of Hackensack, N. J., of counsel), for George Eliopoulos, appellee.

Before L. HAND, SWAN, and FRANK, Circuit Judges.

SWAN, Circuit Judge.

Before reaching the merits of this appeal the question of our jurisdiction must be determined. The appellees have moved to dismiss on the ground that the appeal was taken too late. The Criminal Appeals Act, 18 U.S.C.A. § 682, provides that the appeal in all such cases "shall be taken within thirty days after the decision or judgment has been rendered." It is the contention of the appellees that the trial court's decision was rendered on October...

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