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UNITED STATES v. GRAYSON

No. 136, Docket 20836.

166 F.2d 863 (1948)

UNITED STATES v. GRAYSON.

Circuit Court of Appeals, Second Circuit.

March 4, 1948.

Attorney(s) appearing for the Case

John W. Burke, Jr. and Davies, Auerbach, Cornell & Hardy, all of New York City (Homer W. Lane, of New York City, of counsel), for appellant.

John F. X. McGohey, U. S. Atty., for Southern District of New York, of New York City (Bruno Schachner and John J. Donovan, Jr., Asst. U. S. Attys., both of New York City, of counsel), for appellee.

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

L. HAND, Circuit Judge.

Grayson was indicted in forty-three counts: twenty-two for fraudulent use of the mails;1 twenty for violating the Securities Act of 1933;2 and one for conspiring to commit the crimes laid in the earlier counts. At the conclusion of the evidence the judge withdrew from the jury a number of the charges of misrepresentation which together made up the fraudulent scheme, and dismissed a number...

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