Opinion
Nos. 7813-7817 and 7849.
Argued December 19, 1941.
Decided April 14, 1942.
Appeals from the District Court of the United States for the District of New Jersey; William F. Smith, Judge.
Appeal from the District Court of the United States for the Eastern District of Pennsylvania; Herbert F. Goodrich, Judge.
Homer L. Loomis, of New York City, for all appellants.
Paul W. Knox, of Philadelphia, Pa., on the brief, for appellants in No. 7849.
William C. Gottshalk, of Camden, N.J., on the brief, for appellants in Nos. 7813-7817.
Thorn Lord, of Trenton, N.J. (Charles M. Phillips, U.S. Atty., of Trenton, N.J., on the brief), for appellee in Nos. 7813-7817.
J. Barton Rettew, Jr., of Philadelphia Pa. (Gerald A. Gleeson, U.S. Atty., of Philadelphia, Pa., on the brief), for appellee in No. 7849.
Before BIGGS, MARIS, and JONES, Circuit Judges.
All of the questions involved in these appeals have been fully discussed and decided by the Circuit Court of Appeals for the Fifth Circuit in Marchese v. United States, 5 Cir., 1942, 126 F.2d 671. We find ourselves in entire agreement with the reasoning of the court in that case and with the conclusions there reached. The same conclusions upon substantially similar facts were reached by the Circuit Court of Appeals for the Fourth Circuit in Bersio v. United States, 4 Cir., 1941, 124 F.2d 310. The judgments here appealed from are affirmed upon the authority of those cases.