DONAHUE, Circuit Judge.
The plaintiff in error was indicted for fraudulently inducing interstate carriers to transport coal for the alleged purpose of making gas, but with the actual intention of using it to make Portland cement, in violation of Service Order No. 23 of the Interstate Commerce Commission, made July 25, 1922, which, among other things, provides for preference or priority in transportation of traffic.
The indictment contained ten counts, all...
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