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UNITED STATES v. WERTHEIMER

No. 104, Docket 33184.

434 F.2d 1004 (1970)

UNITED STATES of America, Appellee, v. Jules W. WERTHEIMER, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 25, 1970.

Attorney(s) appearing for the Case

David G. Trager, Asst. U. S. Atty. (Edward R. Neaher, U. S. Atty., E.D.N. Y., on the brief), for appellee.

H. Elliott Wales, New York City, for defendant-appellant.

Before FRIENDLY, SMITH and HAYS, Circuit Judges.

HAYS, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Eastern District of New York convicting appellant on all counts of a five-count indictment, founded upon 18 U.S.C. § 287 (1964). The indictment charged that in 1966 Wertheimer submitted five fraudulent claims for payment to the Defense Supply Agency of the United States for goods which he had not in fact shipped. Appellant was sentenced, pursuant to 18 U.S.C. &...

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