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UNITED STATES v. BERKE CAKE CO.

Cr. No. 39178.

50 F.Supp. 311 (1943)

UNITED STATES v. BERKE CAKE CO., Inc., et al.

District Court, E. D. New York.

June 18, 1943.

Attorney(s) appearing for the Case

Harold M. Kennedy, U. S. Atty. of Brooklyn, N. Y. (John K. Carroll, Sp. Asst. to U. S. Atty. of New York City, Mario Pittoni, Asst. U. S. Atty., of Brooklyn, N. Y., and Sylvester P. Meyers, Sp. Asst. to Atty. Gen., of counsel), for plaintiff.

Scribner & Miller, of New York City (Mark Hyman, of New York City, of counsel), for defendants Berke Cake Co., Inc., E. L. K. Baking Co., Inc., and Irving Berke.

Louis Halle, of New York City (Louis Halle, of New York City, of counsel), for defendant Charles Urban.

Markewich, Rosenhaus & Markewich, of New York City (Samuel Markewich, of New York City, of counsel), for defendants Harry Meth and Joseph Bless.

BYERS, District Judge.

Demurrer to indictment.

These defendants have been indicted for a violation of 18 U.S.C.A. § 51, the material part of which reads as follows:

"If two or more persons conspire to injure, oppress, threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same, * * * they shall be...

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