UNITED STATES v. NUDELMAN

No. 11105.

207 F.2d 109 (1953)

UNITED STATES v. NUDELMAN.

United States Court of Appeals Third Circuit.

Decided September 16, 1953.


Attorney(s) appearing for the Case

Melvin Alan Bank, Philadelphia, Pa., for appellant.

James F. Brown, Asst. U. S. Atty., Philadelphia, Pa., for respondent.

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


PER CURIAM.

The United States, appellee, filed a written motion to dismiss the appeal because it was without merit. Such a motion cannot be granted since the appeal was directed to the merits. The court having indicated that it would deny the motion, counsel for the United States in open court orally amended the original motion to one for summary judgment of affirmance of the appeal because the record could not sustain a reversal. We authorized the amendment which...

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