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UNITED STATES v. RUBINSTEIN

No. 125, Docket 20802.

166 F.2d 249 (1948)

UNITED STATES v. RUBINSTEIN et al.

Circuit Court of Appeals, Second Circuit.

Writ of Certiorari Denied April 5, 1948.

Attorney(s) appearing for the Case

Edwin B. Wolchok, of New York City, and Lemuel B. Schofield, of Philadelphia, Pa., for Serge M. Rubinstein, appellant.

George Wolf, of New York City, and Thomas D. McBride, of Philadelphia, Pa., for Allen Gordon Foster, appellant.

John F. X. McGohey, U. S. Atty., of New York City (Irving H. Saypol, Chief Asst. U. S. Atty., and Keith Brown and Bruno Schachner, Asst. U. S. Attys., all of New York City, of counsel), for appellee.

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

Writ of Certiorari Denied April 5, 1948. See 68 S.Ct. 791.

CHASE, Circuit Judge.

Appellant Rubinstein was indicted by a grand jury in the Southern District of New York for five separate violations of Sec. 11 of the Selective Training and Service Act of 1940.1 The relevant part of that statute reads as follows: "Any person who shall knowingly make, or be a party to the making of, any false statement or certificate as to the fitness...

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