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UNITED STATES v. MERSKY

No. 96, Docket 25193.

261 F.2d 40 (1958)

UNITED STATES of America, Appellant, v. Bernard MERSKY, Irving Weinstein, and Merson Musical Products Corp., Appellees.

United States Court of Appeals Second Circuit.

Decided November 6, 1958.

On Certification of Appeal December 8, 1958.

Attorney(s) appearing for the Case

Herbert C. Kantor, Asst. U. S. Atty., S. D. New York, New York City (Arthur H. Christy, U. S. Atty., and George I. Gordon, Asst. U. S. Atty., New York City, on the brief), for appellant.

Julius L. Schapira, New York City, for appellees.

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

LUMBARD, Circuit Judge.

We must refuse to hear the government's appeal from the district court's dismissal before trial of an information charging the defendants with improperly removing the labels on goods imported from the Soviet Zone of Germany, because it seems to us that the appeal may be taken only to the Supreme Court by reason of 18 U.S.C. § 3731 (1952). Accordingly, under the terms of the statute, and following our precedent in United States v. Zisblatt...

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