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UNITED STATES v. ABERBACH

No. 121, Docket 20827.

165 F.2d 713 (1948)

UNITED STATES v. ABERBACH.

Circuit Court of Appeals, Second Circuit.

January 5, 1948.

Attorney(s) appearing for the Case

Vine H. Smith, of Brooklyn, N. Y., for appellant.

John F. X. McGohey, U. S. Atty., of New York City (Henry L. Glenn, Asst. U. S. Atty., of New York City, of counsel), for appellee.

Before CHASE, CLARK, and FRANK, Circuit Judges.

CHASE, Circuit Judge.

The appellant was, in a single proceeding in the District Court for the Southern District of New York, adjudged in contempt both civilly and criminally. He was fined for the civil contempt and sentenced to imprisonment for the criminal. He contends (1) that the judgment was erroneous because at most he was guilty only of a criminal contempt and he could not be punished by both fine and imprisonment;...

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