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UNITED STATES v. SHARROW

No. 328, Docket 27337.

309 F.2d 77 (1962)

UNITED STATES of America, Appellee, v. Victor SHARROW, Appellant.

United States Court of Appeals Second Circuit.

Decided September 28, 1962.

Concurring Opinion October 10, 1962.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., S. D. N. Y. (Irving Younger, Sheldon H. Elsen, Asst. U. S. Attys., of counsel), for appellee.

Victor Sharrow, pro se.

Before LUMBARD, Chief Judge, and WATERMAN and FRIENDLY, Circuit Judges.

WATERMAN, Circuit Judge.

Section 2 of the Fourteenth Amendment to the United States Constitution reads as follows:

"Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress...

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