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UNITED STATES v. WALDAU

No. 108.

115 F.2d 486 (1940)

UNITED STATES v. WALDAU et al.

Circuit Court of Appeals, Second Circuit.

November 12, 1940.

Attorney(s) appearing for the Case

Oliver D. Burden, of Syracuse, N. Y., for August G. Waldau and Ernest G. Berger.

R. S. & Smith Johnson, of Utica, N. Y. (Anthony S. Falcone, of Utica, N. Y., of counsel), for Mariano Longo.

Ralph L. Emmons, U. S. Atty., of Binghamton, N. Y., and Robert J. Leamy, Asst. U. S. Atty., of Oneonta, N. Y., for appellee.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

The appellants, with eighteen others, were indicted by a grand jury sitting in the Northern District of New York on January 22, 1940. They were charged in one count with having conspired, in violation of 18 U.S.C.A. § 88, to violate the internal revenue laws of the United States relating to the possession, maintenance, and operation of stills for the production of intoxicating liquor and the disposal of such liquor. They were tried by a...

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