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UNITED STATES v. SIMON

No. 337, Docket 31012.

373 F.2d 649 (1967)

UNITED STATES of America, Plaintiff, v. Carl SIMON, Robert Kaiser and Melvin Fishman, Defendants-Appellees, and Harold Roth, Defendant. Irving L. Wharton, Appellant.

United States Court of Appeals Second Circuit.

Decided March 3, 1967.

Certiorari Granted May 8, 1967.

Attorney(s) appearing for the Case

Marvin Schwartz, New York City (Thomas E. Patton, Sullivan & Cromwell, New York City, on the brief), for defendants-appellees.

Joseph J. Marcheso, New York City (Robert Giordano, Christy, Bauman, Frey & Christy, New York City, on the brief), for appellant.

Before LUMBARD, Chief Judge, and SMITH and FEINBERG, Circuit Judges.

Certiorari Granted May 8, 1967. See 87 S.Ct. 1485.

LUMBARD, Chief Judge:

The question on this appeal is whether there is sufficient basis for an order entered by Judge Bryan in the Southern District of New York on December 16, 1966, enjoining Irving L. Wharton, trustee in the bankruptcy receivership of Continental Vending Machine Corporation in the Eastern District of New York, for a period of ninety days from taking the depositions in an action pending in...

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