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UNITED STATES v. KYLE

No. 378, Docket 25064.

257 F.2d 559 (1958)

UNITED STATES of America, Appellee, v. Alastair KYLE, Clinton Gardner and Toys of the World Club, Inc., Appellants.

United States Court of Appeals Second Circuit.

Decided July 28, 1958.

Attorney(s) appearing for the Case

Rudolph Stand and Frank Aranow, New York City (Rudolph Stand and Frank Aranow, New York City, of Counsel), for appellants, Kyle and Toys of the World Club, Inc.

Engelman & Hart, New York City (Jack Hart and Myron Engelman, New York City, of Counsel), for appellant, Clinton Gardner.

Cornelius W. Wickersham, Jr., U. S. Atty., for Eastern District of New York, Brooklyn, N. Y. (Warren Max Deutsch, Asst. U. S. Atty., Glen Cove, N. Y., of Counsel), for appellee.

Before CLARK, Chief Judge, PICKETT, Circuit Judge, and RYAN, District Judge.

RYAN, District Judge.

Defendants Kyle and Toys of the World Club, Inc. appeal from a judgment of conviction on a seven-count indictment charging them with conspiracy and six substantive violations of the mail fraud statute (Title 18 U.S.C.A. Secs. 371, 1341 and 1342). Defendant Gardner appeals separately from the conspiracy conviction — he was acquitted on the substantive counts. The individuals received prison sentences: Kyle one year and a day to run concurrently...

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