Opinion
No. 9186.
Argued July 8, 1946.
Decided July 8, 1946. Writ of Certiorari Denied October 21, 1946. See 67 S.Ct. 114.
Appeal from the District Court of the United States for the District of New Jersey; Thomas F. Meaney, Judge.
Proceeding by the United States of America against the German-American Vocational League, Inc., and others. From the judgment rendered, the defendants appeal, and the United States filed a motion to dismiss the appeal.
Motion to dismiss granted.
George C. Dix, of New York City, for appellants.
Charles A. Stanziale, Asst. U.S. Atty., of Newark, N.J. (Edgar H. Rossbach, U.S. Atty., of Newark, N.J., on the brief), for appellee.
Before BIGGS, GOODRICH and McLAUGHLIN, Circuit Judges.
The matter offered by the appellants, allegedly constituting newly discovered evidence, insofar as any part thereof is pertinent, is old and was before the court below at the trial and was before this court on the appeals. 153 F.2d 860. Consequently the court below committed no error in refusing a new trial and the motion of the United States to dismiss the present appeals will be granted. All the motions of the appellants will be denied.