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UNITED STATES v. FRICANO

Nos. 122, 123, Dockets 33353, 33357.

416 F.2d 434 (1969)

UNITED STATES of America, Appellee, v. Bart R. FRICANO and Rosario Casale, Appellants.

United States Court of Appeals Second Circuit.

Decided September 19, 1969.

Attorney(s) appearing for the Case

Herbert Kramer, Asst. U. S. Atty. (Vincent T. McCarthy, U. S. Atty., Eastern District of New York, on the brief), for appellee.

Benjamin Tannenbaum, New York City, for appellant Bart Richard Fricano.

Gustave H. Newman, Brooklyn, N. Y. (Evseroff, Newman & Sonenshine, Brooklyn, N. Y., on the brief), for appellant Rosario Casale.

Before LUMBARD, Chief Judge, and WATERMAN and KAUFMAN, Circuit Judges.

PER CURIAM:

We affirm in open court the conviction of Bart Fricano and Rosario Casale for possession of distilled spirits in unstamped containers in violation of 26 U. S.C. § 5205(a) (2) (1964) and conspiracy to possess the same.

The only substantial question raised on this appeal is whether in light of recent Supreme Court decisions1 holding various tax statutes to violate the right...

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