STERN v. UNITED STATES

No. 327, Docket 32229.

409 F.2d 819 (1969)

Dave STERN, Warren Hamburger, John Barclay, and Joseph Radley, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Second Circuit.

Decided April 4, 1969.


Attorney(s) appearing for the Case

Daniel S. Cohen, Utica, N. Y., for appellants.

Justin J. Mahoney, U. S. Atty., and James P. Shanahan, Asst. U. S. Atty., Northern District of New York, for appellee.

Before ANDERSON and FEINBERG, Circuit Judges, and MANSFIELD, District Judge.


PER CURIAM:

Appellants Stern, Hamburger, Barclay and Radley, and other defendants, were indicted for conspiring to defraud the government with respect to claims made against it, in violation of 18 U.S.C. § 286, and for making or causing to be made false claims upon the government, in violation of 18 U.S.C. §§ 287 and 2. The allegedly unlawful scheme consisted of appellants' sales of non-reimbursable clothing to postal employees who were led to believe...

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