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UNITED STATES v. SULLIVAN

No. 340, Docket 28570.

329 F.2d 755 (1964)

UNITED STATES of America, Appellee, v. John Humphrey SULLIVAN, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided March 31, 1964.

Certiorari Denied June 22, 1964.

Attorney(s) appearing for the Case

James M. LaRossa, Asst. U. S. Atty. (Joseph P. Hoey, U. S. Atty., for the Eastern District of New York, on the brief), for appellee.

Frank Serri, Brooklyn, N. Y. (James R. Waidley, Erie, Pa., on the brief), for defendant-appellant.

Before SMITH, KAUFMAN and MARSHALL, Circuit Judges.

Certiorari Denied June 22, 1964. See 84 S.Ct. 1943.

MARSHALL, Circuit Judge.

Appellant was tried and convicted by a jury upon an information which alleged:

"On or about the 6th day of August 1962, within the jurisdiction of the Eastern District of New York, the defendant John Humphrey Sullivan, while aboard a Mohawk Air Line Aircraft, Flight No. 433, an aircraft which was being used for and employed in interstate air commerce, imparted and conveyed...

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