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BERNSTEIN v. UNITED STATES

Nos. 5704, 5705.

256 F.2d 697 (1958)

Abe BERNSTEIN; Morey Bernstein; Sam Bernstein; Bernstein Bros. Pipe and Machinery Company, a corporation; Maurice Levy; Rose Levy; Albert Bensik; and Modern Specialty Distributors, a partnership, Appellants, v. UNITED STATES of America, Appellee. UNITED STATES of America, Cross-Appellant, v. Abe BERNSTEIN; Morey Bernstein; Sam Bernstein; Bernstein Bros. Pipe and Machinery Company, a corporation; Maurice Levy; Rose Levy; Albert Bensik; and Modern Specialty Distributors, a partnership, Cross-Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied July 28, 1958.

Attorney(s) appearing for the Case

Morrison Shafroth and Charles Rosenbaum, Denver, Colo., for appellants and cross-appellees.

Hershel Shanks, Washington, D. C. (Joseph D. Guilfoyle, Washington, D. C., Donald E. Kelley, Denver, Colo., and Morton Hollander, Washington, D. C., on brief), for cross-appellant and appellee.

Before BRATTON, Chief Judge, and HUXMAN and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

This is an appeal from a civil judgment in a suit by the United States against the appellants and others under the fraud provisions of the Surplus Property Act of 1944, 58 Stat. 765, 780, now Section 209(b), Federal Property and Administrative Services Act of 1949, 63 Stat. 377, 392, 40 U.S.C.A. § 489(b).

On the critical dates of the complaint, Section 26(b) of the 1944 Act provided in substance that every person who engages in...

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