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REX TRAILER CO. v. UNITED STATES

No. 46.

350 U.S. 148 (1956)

REX TRAILER CO., INC. v. UNITED STATES.

Supreme Court of United States.

Decided January 9, 1956.

Attorney(s) appearing for the Case

Gustave H. Dongus argued the cause for petitioner. With him on the brief was Bernard Stroyman.

Melvin Richter argued the cause for the United States. With him on the brief were Solicitor General Sobeloff and Assistant Attorney General Burger.

MR. JUSTICE CLARK delivered the opinion of the Court.

Petitioner contends that this action brought by the Government to recover $2,000 on each of five counts of a complaint based on § 26 (b) (1) of the Surplus Property Act of 19441 places it twice in jeopardy in violation of the Fifth Amendment. In an earlier proceeding it had pleaded nolo contendere to a five-count indictment bottomed on...

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