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UNITED STATES v. TORNABENE

Nos. 11402, 11476.

222 F.2d 875 (1955)

UNITED STATES of America v. Regis Gary TORNABENE, Appellant. UNITED STATES of America v. Jacob Joseph CAPLAN, Appellant.

United States Court of Appeals Third Circuit.

Decided June 7, 1955.

Attorney(s) appearing for the Case

Elliott W. Finkel, Pittsburgh, Pa. (David Roth, Kaplan, Finkel & Roth, Arthur H. Thompson, Pittsburgh, Pa., on the brief), for appellants.

W. Wendell Stanton, Asst. U. S. Atty., Pittsburgh, Pa. (John W. McIlvaine, U. S. Atty., Pittsburgh, Pa., on the brief), for appellee.

Before GOODRICH, KALODNER and STALEY, Circuit Judges.

STALEY, Circuit Judge.

Regis Gary Tornabene and Jacob Joseph Caplan have appealed judgments of conviction entered against them after separate trials in the Federal District Court for the Western District of Pennsylvania. The appeals are treated in one opinion since an identical question of law governs our decision in both cases.

Both appellants moved to quash their respective indictments for failure to state an offense. Each appellant contends that the refusal...

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