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UNITED STATES v. ROSS

No. 335, Docket 28033.

321 F.2d 61 (1963)

UNITED STATES of America, Appellee, v. Howard ROSS and Paul Gordon, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided July 5, 1963.

Certiorari Denied October 28, 1963.

Attorney(s) appearing for the Case

Milton S. Gould, New York City (Gallop, Climenko & Gould, New York City, Alan J. Hartnick, New York City, of counsel), for appellant Howard Ross.

Jacob W. Friedman, New York City, for appellant Paul Gordon.

Thomas J. Cahill, Asst. U. S. Atty. for Southern District of New York (Robert M. Morgenthau, U. S. Atty. for Southern District of New York, Arnold N. Enker, Asst. U. S. Atty., on the brief, for appellee.

Before WATERMAN, FRIENDLY and SMITH, Circuit Judges.

Certiorari Denied October 28, 1963. See 84 S.Ct. 170.

FRIENDLY, Circuit Judge.

These appeals concern another episode in the fraudulent career of Kimball Securities, Inc., one phase of which has recently been recounted in United States v. Aronson, 48 F.2d 319 (2 Cir.1963). Indeed, the two trials sprang from the same indictment. A preamble to this charged, substantially in the language of § 17 of the Securities Act of 1933, 15 U.S.C. § 77q, that Kimball...

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