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UNITED STATES v. SAMUEL DUNKEL & CO.

Nos. 169, 170, Dockets 21218, 21219.

173 F.2d 506 (1949)

UNITED STATES v. SAMUEL DUNKEL & CO., Inc., et al.

United States Court of Appeals Second Circuit.

March 11, 1949.

Attorney(s) appearing for the Case

Jay Leo Rothschild, of New York City (Maurice L. Albert, of New York City, on the brief), for appellants Samuel Dunkel & Co., Inc., Sondra Egg Products Corp., Charles Cohen, and Julius Cohen.

Daniel H. Prior, of Albany, N. Y. (George Brussel, Jr., of New York City, on the brief), for appellant Sidney S. Atlas.

L. E. Broome and James W. Knapp, Attys., U. S. Dept. of Justice, both of Washington, D. C. (Irving J. Higbee, U. S. Atty., of Syracuse, N. Y., on the brief), for appellee.

Before L. HAND, Chief Judge, and SWAN and CLARK, Circuit Judges.

CLARK, Circuit Judge.

These long delayed appeals arise out of convictions in September, 1943, on two conspiracy indictments, based on fraudulent wartime sales of dried eggs to a government instrumentality, the Federal Surplus Commodities Corporation. The two corporate defendants and two of the individual defendants were convicted on both indictments — one under 18 U.S.C.A. § 83, for conspiring to defraud the Government by obtaining or aiding to obtain...

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