GRADSKY v. UNITED STATES

No. 20632.

342 F.2d 426 (1965)

Leon GRADSKY and Norman Gradsky, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 9 and 15, 1965.


Attorney(s) appearing for the Case

Milton E. Grusmark, Miami Beach, Fla., E. David Rosen, Claude L. Eichel, Miami, Fla., for appellants.

Lloyd G. Bates, Jr., Asst. U. S. Atty., Miami, Fla., William A. Meadows, Jr., U. S. Atty., Mahlon M. Frankhauser, Asst. Director, Donald R. Jolliffe, Atty., Securities and Exchange Commission, Washington, D. C., of counsel, for appellee.

Before TUTTLE, Chief Judge, JONES, Circuit Judge, and GROOMS, District Judge.


PER CURIAM.

The principal basis for the appeals of these separate appellants is the contention that the government failed to prove a single conspiracy in which the two brothers were conspirators, and that thus the testimony as to the declarations of the one were improperly considered by the jury as binding on the other. Norman Gradsky practically concedes on this appeal, as is fully warranted by the record, that he was guilty of a fraudulent scheme in the setting...

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