The appeal is dismissed for the reason that it was not properly allowed. Rule 36, 28 IT. S. C. ยง 868; Bartemeyer v. Iowa, 14 Wall. 26.
Mb. Justice Rutledge took no part in the consideration or decision of this case.
No. 725.
*697January 28, 1946.
Mr. Benjamin Bernstein for appellant.
Nathaniel L. Goldstein, Attorney General of New York, Orrin G. Judd, Solicitor General, and Saul A. Shames, Assistant Attorney General, filed a statement on behalf of the State of New York, as amicus curiae, with respect to jurisdiction.
The appeal is dismissed for the reason that it was not properly allowed. Rule 36, 28 IT. S. C. ยง 868; Bartemeyer v. Iowa, 14 Wall. 26.
Mb. Justice Rutledge took no part in the consideration or decision of this case.
326 U.S. 696
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