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UNITED STATES v. SHERMAN

Cr. No. 41403.

84 F.Supp. 130 (1947)

UNITED STATES v. SHERMAN et al.

United States District Court E. D. New York.

October 7, 1947.

Attorney(s) appearing for the Case

J. Vincent Keogh, U. S. Attorney, Brooklyn, N. Y., for United States of America (H. H. Goldstein, Assistant U. S. Attorney, Brooklyn, N. Y., of counsel), opposed.

Zeitz, Harris & Moscowitz, New York City for defendant Joe Sherman (Saul L. Harris, New York City, of counsel).

Cowin & Whitehorn, New York City, for defendant Frank Whelan (Harold L. Cowin, New York City, of counsel).

Louis Aldino, Brooklyn, N. Y., attorney for defendant Salvatore Imperiale.

Abraham Solomon, New York City, attorney for defendant Paul Impirello.

Morris Packer, Brooklyn, N. Y., for defendants Ernest Oliva and Romeo Carafola.

Joseph D. Caputo, New York City, for defendant William Mastramarino.

Irving Rader, Brooklyn, N. Y., for defendant Alphonse Salzano.

Robert Aronstein and Joseph Aronstein, New York City, for defendant Vincent James Grimaldi.

Eugene F. Bannigan, Brooklyn, N. Y., for defendant Salvatore Maimone.

KENNEDY, District Judge.

All of the defendants in this case assert that the indictment is defective in that, in the first count, 5 defendants are charged with theft of goods in interstate commerce (18 U.S.C.A. § 409 [now § 659]), and, in the second count, 5 different defendants are charged with receiving goods stolen from interstate commerce shipments (id.). The indictment contains a third count charging all 10 defendants with conspiracy to steal goods moving...

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