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: 310-474-8585 Email:[email protected] Wendy R. Stein [LEAD ATTORNEY;ATTORNEY TO] (Terminated 9/29/2014) Gibbons P.C. One Gateway Center Newark, NJ, USA 07102 Paul C. Whalen [LEAD ATTORNEY;ATTORNEY TO] Law Offices of Paul C. Whalen, P.C. 768 Plandome Road 3 Manhasset, NY, USA 11030 516-4
, for Appellee. Joseph B. Haynes, Atlanta, Georgia, for Appellee. A. Vernon Carnahan; Daniel R. Murdock, New York, New York, for Appellee. JUDGES: Tjoflat and Hatchett, Circuit Judges, and Garza, • Senior Circuit Judge. • Honorable Reynaldo G. Garza. U.S. Circuit Judge for the Fifth Circuit. sitting by
U.S.C.A. 1881, 2201, 2202. Filindo B. Masino, Berk, Masino & Moonblatt. Philadelphia, Pa., for appel- lants. Frederick P. Hafets, Justice Dept., Newark, N. J., for appellees. Before WINTER,* ALDISERT and GIBBONS, Circuit Judges. OPINION OF THE COURT GIBBONS, Circuit Judge. On December 16, 1969 a
, denied permanent injunction but granted declaratory relief in favor of the plaintiff. On appeal by the county prosecutor, the Court of Appeals, Tjoflat, Circuit Judge, held that: (1) injunctive relief was properly denied where reasonable prosecutor could believe there was probable cause that those
collector of internal revenue for the Third district of New York, and the collectors of internal revenue at Philadelphia, Pa., Syracuse, N.Y., and Newark, N.J., to refuse to sell such stamps when the beer had been manufactured subsequent to December I, 1918. But being now advised by the Department o
46, Marcia G. Cooke, J., granted motion, and denied Government's motion for reconsid- eration. Government appealed. Holding: The Court of Appeals, Tjoflat, Circuit Judge, held that counts were not multiplicitous and did not violate Double Jeopardy Clause. Reversed and remanded with instructions. 1.
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