UNITED STATES v. PAGE

No. 247, Docket 25946.

277 F.2d 3 (1960)

UNITED STATES of America, Appellee, v. James Joseph PAGE and John Thomas Barnable, Appellants,

United States Court of Appeals Second Circuit.

Decided April 6, 1960.


Attorney(s) appearing for the Case

Arnold B. Elkind, New York City (Herbert Zelenko and Paul H. Kirwin, New York City, on the brief), for appellants.

Kevin Thomas Duffy, Asst. U. S. Atty., S.D.N.Y., New York City (S. Hazard Gillespie, Jr., U. S. Atty., and Arnold N. Enker, Asst. U. S. Atty., New York City, on the brief), for appellee.

Before CLARK, WATERMAN, and LEWIS, Circuit Judges.


PER CURIAM.

Defendants Page and Barnable appeal their conviction, after trial before the court, of conspiring to embezzle or steal interstate freight in violaton of 18 U.S.C. §§ 371, 659, and Page also appeals his conviction of the substantive offense. They assign the insufficiency of the evidence to sustain the convictions. They were employed as brakemen on a New York Central switching crew serving the Railway Express West Side Terminal in New York City...

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