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UNITED STATES v. RESTAINO

No. 15680.

369 F.2d 544 (1966)

UNITED STATES of America v. Armando RESTAINO, Appellant.

United States Court of Appeals Third Circuit.

Decided November 17, 1966.

Attorney(s) appearing for the Case

Ralph J. Kmiec, Camden, N. J. (Angelo D. Malandra, Camden, N. J., on the brief), for appellant.

Julius Altman, Asst. U. S. Atty., Scranton, Pa. (Bernard J. Brown, U. S. Atty., Scranton, Pa., on the brief), for appellee.

Before STALEY, Chief Judge, and McLAUGHLIN and SEITZ, Circuit Judges.

OPINION OF THE COURT

STALEY, Chief Judge.

Appellant and six others were indicted for illegally manufacturing distilled spirits. The five-count indictment included the usual allegations: possession and custody of distilling apparatus without registering it with the Secretary of the Treasury, 26 U.S.C. §§ 5179(a), 5601(a) (1); carrying on the business of a distiller without first having obtained a bond, 26 U.S.C. §§ 5173(a), 5601(a) (4...

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