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UNITED STATES v. MALPHURS

No. 558.

316 U.S. 1 (1942)

62 S.Ct. 897

86 L.Ed. 1227

UNITED STATES v. MALPHURS ET AL.

Supreme Court of United States.

Decided April 6, 1942.

Attorney(s) appearing for the Case

Mr. Herbert Wechsler argued the cause, and Solicitor General Fahy, Assistant Attorney General Berge, and Messrs. Archibald Cox, Louis B. Schwartz, and Herbert S. Phillips were on the brief, for the United States.

Messrs. John L. Graham and Francis P. Whitehair, with whom Messrs. D.C. Hull, Erskine W. Landis, and J. Compton French were on the brief, for appellees.

PER CURIAM.

This appeal comes here directly from the District Court for the Southern District of Florida under the authority of the Criminal Appeals Act, 34 Stat. 1246, 18 U.S.C. § 682, and § 238 of the Judicial Code as amended, 43 Stat. 936, 938, 28 U.S.C. § 345. In the District Court, a demurrer to an indictment was sustained on the sole ground that § 3 and 4 of the Hatch Act, "An Act to prevent pernicious...

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