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UNITED STATES v. POSNER

Nos. 12752, 12753.

269 F.2d 742 (1959)

UNITED STATES of America v. Nathan L. POSNER, Esquire, and S. Jerome Epstein, Executors of the Estate of Abraham Epstein, Deceased, Appellants.

United States Court of Appeals Third Circuit.

Decided August 12, 1959.

Attorney(s) appearing for the Case

Richard Reifsnyder, Asst. U. S. Atty., Philadelphia, Pa. (Harold K. Wood, U. S. Atty., Philadelphia, Pa., on the brief), for the United States.

Nathan L. Posner, Philadelphia, Pa. (Donald Brown, J. Victor O'Brien, Fox, Rothschild, O'Brien & Frankel, Philadelphia, Pa., on the brief), for Posner and Epstein.

Before GOODRICH, KALODNER and HASTIE, Circuit Judges.

HASTIE, Circuit Judge.

The complaint of the United States in this case alleges that the original defendant, Abraham Epstein, who died and whose executors were substituted as defendants before trial, joined with a war veteran, Jack Grollman in a fraudulent scheme involving the improper use of Grollman's veteran's preference to obtain for Epstein and two corporations controlled by him surplus property which the government had made available for sale. Invoking a civil...

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