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U.S. v. GRANBERRY

No. 89-3055EM.

908 F.2d 278 (1990)

UNITED STATES of America, Appellant, v. Darryl S. GRANBERRY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 6, 1990.

Attorney(s) appearing for the Case

Michael W. Reap, St. Louis, Mo., for appellant.

Michael Dwyer, St. Louis, Mo., for appellee.

Before ARNOLD and WOLLMAN, Circuit Judges, and HANSON, Senior District Judge.

ARNOLD, Circuit Judge.

This is a mail-fraud case. The District Court, 725 F.Supp. 446, dismissed the indictment for failure to allege an offense against the United States. It held that defendant, even assuming all of the well-pleaded facts in the indictment to be true, had not obtained any "money or property" within the meaning of 18 U.S.C. § 1341, as construed by the Supreme Court in McNally v. United States,

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