(dissenting).
Since I agree that the indictment in this case is comparable to that in the case of United States v. Lembo, No. 10,009, 3 Cir., 184 F.2d 411, my position with respect to the indictment there is applicable here as well.
However, the instant case was tried before a jury, and as pointed out in the opinion of Judge FEE there occurred errors which have been judicially determined to be harmful. Of particular moment to me is the failure of the learned trial judge to properly represent the content of the pertinent regulation in his charge to the jury.
Accordingly, I should direct a new trial.