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RUSSELL v. UNITED STATES

Nos. 4473-4475.

12 F.2d 683 (1926)

RUSSELL et al. v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

May 14, 1926.

Attorney(s) appearing for the Case

Luther Day and Joseph C. Breitenstein, both of Cleveland, Ohio (Day & Day, of Cleveland, Ohio, and Charles S. Druggan, of Columbus, Ohio, on the brief), for plaintiffs in error.

A. E. Bernsteen and Miles E. Evans, both of Cleveland, Ohio (D. C. Van Buren, of Cleveland, Ohio, on the brief), for the United States.

Before DENISON, DONAHUE, and KNAPPEN, Circuit Judges.

KNAPPEN, Circuit Judge.

Plaintiffs in error were jointly indicted, together with seven other defendants, upon charges of conspiracy under section 37 of the Penal Code, being Comp. St. § 10201 (by the first count) to withdraw from a distillery warehouse, and sell for beverage purposes, a large amount of whisky legally withdrawable for nonbeverage purposes only, and under such conspiracy to commit divers offenses against the United States of unlawfully possessing...

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