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UNITED STATES v. ROBERTSON

No. 107, Docket 26994.

298 F.2d 739 (1962)

UNITED STATES of America, Appellee, v. Thomas E. ROBERTSON, American-Canadian Oil & Drilling Corporation, Thomas E. Robertson Company, Inc., Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided February 2, 1962.

Attorney(s) appearing for the Case

Julian C. Tepper of Walter & Tepper, Brooklyn, N. Y., for defendants-appellants.

Arnold N. Enker, Asst. U. S. Atty., S. D. New York, New York City (Robert M. Morgenthau, U. S. Atty., S. D. New York and Arthur L. Liman, Asst. U. S. Atty., New York City, on the brief), for appellee.

Before MEDINA, MOORE and SMITH, Circuit Judges.

SMITH, Circuit Judge.

This is an appeal from a judgment of conviction in the United States District Court for the Southern District of New York (Frederick van Pelt Bryan, J.) upon a jury verdict on 14 counts (Count 10 dismissed) of violations of the Securities Act of 1933 by means of a scheme to defraud in the sale of securities using the mails or instruments of communication in interstate commerce, in violation of 15 U.S.C.A. § 77q(a) (1), (2),

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