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UNITED STATES v. KAUFMAN

No. 122, Docket 27660.

311 F.2d 695 (1963)

UNITED STATES of America, Appellee, v. Joseph KAUFMAN and Domenic Mauro, Appellants.

United States Court of Appeals Second Circuit.

Decided January 8, 1963.

Attorney(s) appearing for the Case

H. Elliot Wales, New York City, for appellants.

James B. White, Asst. U. S. Atty. for the Southern District of New York, New York City (Vincent L. Broderick, U. S. Atty. for the Southern District of New York, New York City), for appellee. Arthur I. Rosett, Asst. U. S. Atty., of counsel.

Before LUMBARD, Chief Judge, MOORE and HAYS, Circuit Judges.

LEONARD P. MOORE, Circuit Judge.

These are appeals from the convictions of defendants Joseph Kaufman and Domenic Mauro after trial before a jury for violations of 21 U.S.C.A. §§ 173, 174. The trial of a third defendant named in the indictment, Peter DiPalermo, was severed.1

The defendants were tried under a three-count indictment. The first count charged a substantive violation of § 173

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