UNITED STATES v. CROSBY

No. 302, Docket 26398.

294 F.2d 928 (1961)

UNITED STATES of America, Appellee, v. Francis Peter CROSBY, J. Leonard Goldberg, Philip Gordon, Eugene Meredith, Leo B. Mittelman, Worth Pettit, Jr., Paul Reicher and Philip Gordon & Company, Inc., Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided August 22, 1961.


Attorney(s) appearing for the Case

Arnold N. Enker and George I. Gordon, Asst. U. S. Attys., S. D. N. Y., New York City (Robert M. Morgenthau, U. S. Atty., and Peter H. Morrison, Asst. U. S. Atty., S. D. N. Y., New York City, on the brief), for appellee.

Richard Owen, New York City, for appellant Francis Peter Crosby.

Menahem Stim, New York City (Allen S. Stim, John F. Kelly, New York City, M. Walter Hulkower, North Hollywood, Cal., on the brief), for appellant J. Leonard Goldberg.

Maurice Nessen, New York City (Rubino, Franken, Kramer, Bam & Nessen, New York City, on the brief), for appellant Philip Gordon.

Charles Greenbaum, New York City, for appellant Eugene Meredith.

Edward M. Garlock, New York City, for appellant Leo B. Mittelman.

Edward E. Rigney, New York City (Alexander & Green, New York City, on the brief), for appellant Worth Pettit, Jr.

Moses L. Kove, New York City (Menahem Stim, New York City, on the brief), for appellant Paul Reicher

Before FRIENDLY and SMITH, Circuit Judges, and WATKINS, District Judge.


SMITH, Circuit Judge.

These are appeals pressed by a stock brokerage firm and seven individual defendants found guilty on various fraud and conspiracy charges of a fifty count indictment after a protracted jury trial of some fifteen weeks. Some appellants urge insufficiency of the evidence as grounds for reversal while others claim the case against them was rather weak and inconclusive — thereby magnifying the prejudicial effect of claimed misconduct and excessive...

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