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MICHAEL v. UNITED STATES

No. 3415.

7 F.2d 865 (1925)

MICHAEL v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied September 28, 1925.

Attorney(s) appearing for the Case

Harry S. Ditchburne and Marcia Eisner Lewis, both of Chicago, Ill. (Benjamin P. Epstein, of Chicago, Ill., of counsel), for plaintiff in error.

Edward J. Hess, of Chicago, Ill., and J. Stanley Payne, of Washington, D. C., for the United States.

Before ALSCHULER, EVANS, and PAGE, Circuit Judges.

EVAN A. EVANS, Circuit Judge.

Defendant was charged with having presented fraudulent claims for damages sustained in the shipment of coal, such transportation being interstate, and with having conspired with others to commit the offense "of unlawfully obtaining certain allowances, refunds and payments from common carriers," etc. The indictment contained eleven counts, but one was withdrawn from the jury. Upon conviction on all remaining counts, defendant was given...

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