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UNITED STATES v. WAGMAN

168 F.Supp. 248 (1958)

UNITED STATES of America, Plaintiff, v. Oscar WAGMAN, Defendant.

United States District Court S. D. New York.

December 10, 1958.

Attorney(s) appearing for the Case

Arthur H. Christy, U. S. Atty., New York City, by Anthony R. Palermo, Rochester, N. Y., and Edwin F. Rains, Washington, D. C., Chief Counsel, Foreign Assets Control, for plaintiff.

Joseph W. Burns, New York City, for defendant.

EDELSTEIN, District Judge.

Defendant has moved to dismiss a two count indictment under the Trading with the Enemy Act, 40 Stat. 415, as amended, Title 50 U.S.C.Appendix, § 5(b), 50 U.S.C.A.Appendix, § 5(b), and the applicable regulations. Section 5 (b) of the Act authorizes the President or his designate, during time of war or other period of national emergency, to regulate or prohibit transactions with any foreign country or its nationals.

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