UNITED STATES v. ALBANESE

Nos. 273-274, Dockets 23426-23427.

224 F.2d 879 (1955)

UNITED STATES of America, Appellee, v. Philip ALBANESE and Rosario Albanese, Defendants, Philip Albanese, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided June 2, 1955.


Attorney(s) appearing for the Case

Archibald Palmer, Samuel Masia, New York City, for appellant.

J. Edward Lumbard, U. S. Atty., for the Southern Dist. of New York, New York City (Peter M. Brown, New York City, of counsel), for appellee.

Before CLARK, FRANK and STALEY, Circuit Judges.


FRANK, Circuit Judge.

1. Viewing the facts, as we must, on appeal, most favorably to the prosecution, the evidence showed the following: Philip Albanese was the owner of a profitable truck-loading business at several piers along the Manhattan waterfront. He operated behind a paper wall of false and fictitious records to disguise his own financial interests. The two truckers of fruits and vegetables, who were his sole customers, paid appellant's fees to a collection...

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