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UNITED STATES v. AUGUSTINE

No. 10329.

188 F.2d 359 (1951)

UNITED STATES of America v. Andrew A. AUGUSTINE, Appellant.

United States Court of Appeals Third Circuit.

Decided March 30, 1951.

Rehearing Denied April 20, 1951.

Attorney(s) appearing for the Case

John M. Smith, Jr., Philadelphia, Pa., for appellant.

James C. Bowen, Asst. U. S. Atty., Philadelphia, Pa. (Gerald A. Gleeson, U. S. Atty., Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge and MARIS and HASTIE, Circuit Judges.

PER CURIAM.

This is a companion case to No. 10,328, United States of America v. Augustine, 3 Cir., 188 F.2d 359, in which a per curiam opinion has been filed concurrently with this. In the instant case the appellant asserts a new defense which in substance is that he may have embezzled funds from the corporation of which he and his brother, Salvatore, were the owners and that therefore under the doctrine of Commissioner of...

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