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UNITED STATES v. PINCOURT

No. 9416.

167 F.2d 831 (1948)

UNITED STATES v. PINCOURT.

Circuit Court of Appeals, Third Circuit.

Decided April 9, 1948.

Attorney(s) appearing for the Case

John E. Toolan, of Perth Amboy, N. J., Linton M. Collins and Bingham, Collins, Porter & Kistler, all of Washington, D. C., for appellant.

Edgar H. Rossbach, U. S. Atty., of Newark, N. J. (Samuel Cohen, Atty. in Charge, Alcohol Tax Unit, of Newark N. J., on the brief), for appellee.

Before MARIS, McLAUGHLIN and KALODNER, Circuit Judge.

McLAUGHLIN, Circuit Judge.

This appellant was indicted and tried twice apparently on the assumption that the original price regulation which is alleged to have been violated and which applied to "sales" of the particular distilled spirits involved also included "deliveries" thereof.1 It was after the appellant's conviction as a result of the second trial and after this appeal had been taken that the situation was discovered. It is urged...

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