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UNITED STATES v. GATES

No. 282, Docket 21383.

176 F.2d 78 (1949)

UNITED STATES v. GATES.

United States Court of Appeals Second Circuit.

Decided July 1, 1949.

Attorney(s) appearing for the Case

Harry Sacher, New York City (Abraham J. Isserman, Los Angeles, Cal., Louis F. McCabe, Philadelphia, George W. Crockett, Jr., Washington, D.C. and Richard Gladstein, San Francisco, Cal., on the brief), for appellant.

John F. X. McGohey, U. S. Atty. (Frank H. Gordon, Special Asst. to U. S. Atty, New York City, and Irving S. Shapiro, Sp. Asst. to the U. S. Atty., Washington, D. C., Edward C. Wallace, Sp. Asst. to the Atty. Gen.; and Lawrence K. Bailey, Attorney, Department of Justice, Washington, D. C. of counsel), for appellee.

Emanuel H. Bloch, New York City, Amicus Curiae representing several trade union organizations.

Thomas Russell Jones, Brooklyn, N. Y., Amicus Curiae representing several Negro citizens.

Before SWAN and CHASE, Circuit Judges, and J. JOSEPH SMITH, District Judge.

SWAN, Circuit Judge.

The appellant is one of eleven defendants who are on trial before Judge Medina and a jury in a criminal case entitled United States v. Foster, et al., on an indictment charging conspiracy to teach and advocate the overthrow of the Government of the United States by force and violence. 18 U. S.C. §§ 10, 11 [now §§ 2385, 2387]. The appellant took the stand in his own defense and introduced as an exhibit a pamphlet entitled "Who...

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