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NYE & NISSEN v. UNITED STATES

No. 11308.

168 F.2d 846 (1948)

NYE & NISSEN et al. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied July 22, 1948.

Attorney(s) appearing for the Case

Joseph B. Keenan, of Washington, D. C., and Harold C. Faulkner, A. J. Zirpoli, William M. Malone and Raymond L. Sullivan, all of San Francisco, Cal., for appellants.

Frank J. Hennessy, U. S. Atty., of San Francisco, Cal., and John S. Pratt, Lafayette E. Broome and John M. Kelley, Jr., Sp. Assts. to the Atty. Gen., for appellee.

Before DENMAN, HEALY and BONE, Circuit Judges.

DENMAN, Circuit Judge.

The Nye & Nissen corporation, Abraham Moncharsh, Henry Berman and Ruby Goddard were convicted after a trial before a jury upon all counts of an indictment charging them with conspiracy to defraud the United States, 18 U.S.C.A. § 88, and with filing six false claims with a government agency, 18 U.S.C.A. § 80. Moncharsh and the corporation alone have appealed.

Nye & Nissen was a California corporation which for many years...

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