Majority
p. 874December 6, 1948. No. 263. Wixman v. United States.
A. L. Wirin and Fred Okrand for petitioner.
Solicitor General Perlman filed a memorandum for the United States suggesting that certiorari issue and that, without further argument, the judgment below be reversed and the cause remanded to the District Court. Briefs of amici curiae supporting the petition were filed by Charles A. Horsky, Julien Cornell, Osmond K. Fraenkel and Arthur Garfield Hays for the American Civil Liberties Union; Robert W. Kenney for the National Lawyers Guild et al.; and Isaac Pacht, Clore Warne, Irving Hill, Shad Polier, William Maslow and Joseph B. Robison for the American Jewish Congress.
The petition for writ of certiorari is granted. The judgment of the Court of Appeals affirming the judgment of the District Court is reversed for the reason that there is insufficient evidence in the record to support it. The judgment of the District Court is vacated and the case is remanded to that court for further proceedings.