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NOTO v. UNITED STATES

No. 9.

367 U.S. 290 (1961)

81 S.Ct. 1517

6 L.Ed.2d 836

NOTO v. UNITED STATES.

Supreme Court of United States.

Decided June 5, 1961.

Attorney(s) appearing for the Case

John J. Abt argued the cause and filed a brief for petitioner.

Kevin T. Maroney and John F. Davis argued the cause for the United States. With Mr. Maroney on the brief were Solicitor General Rankin and Assistant Attorney General Yeagley.

MR. JUSTICE HARLAN delivered the opinion of the Court.

This case, like No. 1, Scales v. United States, ante, p. 203, was brought here to test the validity of a conviction under the membership clause of the Smith Act. 361 U.S. 813. The case comes to us from the Court of Appeals for the Second Circuit which affirmed petitioner's conviction in the District Court for the Western District of New York, after a jury...

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