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UNITED STATES v. MISS SMART FROCKS, INC.

No. 62 Cr. 349.

279 F.Supp. 295 (1968)

UNITED STATES of America v. MISS SMART FROCKS, INC., Leo Carlino and Herman Klein, Defendants.

United States District Court S. D. New York.

February 9, 1968.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., for the United States; Elkan Abramowitz, Asst. U. S. Atty., of counsel.

Warner & Birdsall, New York City, for defendant Leo Carlino; James E. Birdsall, New York City, of counsel.

WYATT, District Judge.

This is a motion in the nature of a writ of error coram nobis (28 U.S.C. § 1651(a)) for an order setting aside a judgment of this Court of conviction of Leo Carlino ("movant") and Miss Smart Frocks, Inc. (the "corporation"), a New York corporation of which movant was an officer, director and stockholder. The judgment was entered on December 9, 1962 after pleas of guilty by movant and by the corporation.

An indictment (62 Cr. 349...

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