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UNITED STATES v. PINCOURT

Nos. 9159, 9160.

159 F.2d 917 (1947)

UNITED STATES v. PINCOURT et al.

Circuit Court of Appeals, Third Circuit.

Decided January 30, 1947.

Attorney(s) appearing for the Case

Frederic M. P. Pearse, of Newark, N. J. (Max Mehler, and Thorn Lord, both of Newark, N. J., on the brief), for Pincourt.

Charles A. Stanziale, Asst. U. S. Atty., of Newark, N. J. (Edgar H. Rossbach, U. S. Atty., and Samuel Cohen, Atty. in Charge Alcohol Tax Unit, both of Newark, N. J., on the brief), for the United States.

Before BIGGS and McLAUGHLIN, Circuit Judges, and RODNEY, District Judge.

McLAUGHLIN, Circuit Judge.

Appellant Pincourt and six other persons were indicted for conspiracy to sell distilled spirits above O.P.A. ceiling prices. Just prior to trial a severance was granted four of the defendants. The issue was tried as to Pincourt and the remaining two defendants, Sol Levy and Burt S. Good. At the close of the government's case, the District Judge announced he would direct a verdict of acquittal in favor of Good. As the defense was about to...

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