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UNITED STATES v. VARLACK

No. 348, Docket 23606.

225 F.2d 665 (1955)

UNITED STATES of America, Appellee, v. Henry Gregory VARLACK, Samuel Kavalauskas and David Bernard Roche, Defendants-Appellants, and James Thomas Moock, Clifford Carter and Lawrence Wagner, Defendants.

United States Court of Appeals Second Circuit.

Decided August 25, 1955.

Attorney(s) appearing for the Case

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

John T. Sullivan, New York City (Vine H. Smith, Brooklyn, N. Y., and Arthur J. Cilento, New York City, of counsel), for defendants-appellants, Varlack and Kavalauskas.

Waldman & Waldman, New York City (Louis Waldman, Seymour M. Waldman and Martin Markson, New York City, of counsel), for defendant-appellant Roche.

Before CLARK, Chief Judge, and MEDINA and HINCKS, Circuit Judges.

MEDINA, Circuit Judge.

This appeal by defendants Varlack, Kavalauskas and Roche raises various questions relative to the validity and interpretation of 18 U.S.C. § 1951, commonly referred to as the Hobbs Act or the Anti-Racketeering statute. The indictment contained two counts, the first charging all three with conspiring to obstruct, delay and affect commerce and the movement of articles and commodities in commerce...

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