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UNITED STATES v. GOLDBERG

Nos. 15239-15246.

225 F.2d 180 (1955)

UNITED STATES of America, Appellant, v. Bennett GOLDBERG, Appellee. UNITED STATES of America, Appellant, v. Donald Robert HAMILTON, Appellee. UNITED STATES of America, Appellant, v. Claude J. HUPP and John W. Reilly, Appellees. UNITED STATES of America, Appellant, v. Frank S. LEONARD, Appellee. UNITED STATES of America, Appellant, v. James D. O'CONNOR, Appellee. UNITED STATES of America, Appellant, v. Constantine W. PARZYCK and Steven F. Parzyck, Appellees (two cases). UNITED STATES of America, Appellant, v. Theodore WISNIEWSKI, Appellee.

United States Court of Appeals Eighth Circuit.

August 8, 1955.

Attorney(s) appearing for the Case

Alex Dim, Asst. U. S. Atty., St. Paul, Minn. (George E. MacKinnon, U. S. Atty., St. Paul, Minn., was with him on the brief), for appellant.

Philip J. Stern, Minneapolis, Minn. (Simon Meshbesher, Minneapolis, Minn., was with him on the brief), for appellees Bennett Goldberg and Frank S. Leonard.

Linus J. Hammond, St. Paul, Minn. (Cummins, Cummins, Hammond and Ames, St. Paul, Minn., were with him on the brief), for appellees Claude J. Hupp and John W. Reilly.

T. H. Wangensteen, Minneapolis, Minn., and William P. Murphy, St. Paul, Minn. (Elmer J. Ryan, St. Paul, Minn., and Raymond J. Julkowski, Minneapolis, Minn., were with him on the brief), for appellees James D. O'Connor, Constantine W. Parzyck, Steven F. Parzyck, and Theodore Wisniewski.

Before GARDNER, Chief Judge, and JOHNSEN and VAN OOSTERHOUT, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

The Government appeals from the judgment dismissing the indictment upon defendant's motion in each of the eight cases herein involved. The appeals are consolidated by stipulation. Jurisdiction to consider these appeals is conferred by 18 U.S.C. § 3731.

The appellees, who will hereinafter be designated as defendants, are retail on-sale liquor dealers and bartenders employed by them...

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