
    UNITED STATES v. LIBERTI et al.
    No. 410.
    Circuit Court of Appeals, Second Circuit.
    June 19, 1939.
    Woodruff & Klein, of New Haven, Conn., and Tom Carsello, of Ansonia, Conn., for appellant.
    Robert P. Butler, U. S. Atty., of Hartford, Conn., and Arthur T. Gorman, Asst. U. S. Atty., of New Haven, Conn.
    Before SWAN, AUGUSTUS N. HAND, and CLARK, Circuit Judges.
   PER CURIAM.

If there was a variance between the allegations of the indictment and the proof, it does not appear to have been such a variance as to affect the substantial rights of the accused; hence it is not fatal. Berger v. United States, 295 U.S. 78, 82, 55 S.Ct. 629, 79 L.Ed. 1314; United States v. Twentieth Century Bus Operators, 2 Cir., 101 F.2d 700, 702, certiorari denied, 307 U.S. —, 59 S.Ct. 821, 83 L.Ed. —.

Judgment affirmed.  