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UNITED STATES v. SIMON

No. 66 Cr. 831.

262 F.Supp. 64 (1966)

UNITED STATES of America, v. Carl SIMON, Harold Roth, Robert Kaiser and Melvin Fishman, Defendants.

United States District Court S. D. New York.

Judgment Reversed March 3, 1967.

Attorney(s) appearing for the Case

Sullivan & Cromwell, Spear & Hill, New York City, for defendants Simon, Kaiser and Fishman; Marvin Schwartz, Thomas E. Patton, Thomas W. Hill, Jr., New York City, of counsel.

Christy, Bauman, Frey & Christy, New York City, for Irving L. Wharton, Trustee in Reorganization for Continental Vending Machine Corp. and Continental Afco Corp.; Joseph J. Marcheso, Arthur H. Christy, Robert Giordano, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty., for the Government; Stephen E. Kaufman, Hugh C. Humphreys, Asst. U. S. Attys., of counsel.

Judgment Reversed March 3, 1967. See 373 F.2d 649.

OPINION

FREDERICK van PELT BRYAN, District Judge:

Defendants Simon, Kaiser and Fishman are certified public accountants, the first two of whom are members of the prominent accounting firm of Lybrand, Ross Bros. & Montgomery (Lybrand), and the third a senior associate of that firm. They have pleaded not guilty to a six count indictment filed on October 17, 1966...

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