BARSKY v. UNITED STATES

No. 9602.

167 F.2d 241 (1948)

BARSKY et al. v. UNITED STATES.

United States Court of Appeals District of Columbia.

Decided March 18, 1948.

Writ of Certiorari Denied June 14, 1948.


Attorney(s) appearing for the Case

Mr. O. John Rogge, of Washington, D. C., for appellants. Mr. Osmond K. Fraenkel, of New York City, of the Bar of the State of New York, pro hac vice, by special leave of court, also argued for appellants.

Mr. Charles B. Murray, Asst. U. S. Atty., of Washington, D. C., with whom Mr. George Morris Fay, U. S. Atty. and Messrs. John P. Burke and Sidney S. Sachs, Asst. U. S. Attys., both of Washington, D. C., were on the brief, for appellee.

Mr. Belford V. Lawson, Jr., of Washington, D. C., filed a brief on behalf of the National Lawyers Guild as amicus curiæ, urging reversal.

Before EDGERTON, CLARK and PRETTYMAN, Associate Justices.


Writ of Certiorari Denied June 14, 1948. See 68 S.Ct. 1511.

PRETTYMAN, Associate Justice.

The Supreme Court has denied certiorari, 1948, ___ U.S. ___, 68 S.Ct. 609, in United States v. Josephson, 2 Cir., 1947, 165 F.2d 82. Nevertheless, because of the nature of the question involved and because we have a division of opinion, we state in full the reasons for our conclusion.

These appellants were indicted, tried before...

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