FOSTER, Circuit Judge.
An indictment in seven counts was returned against plaintiff in error, Michael Tenenbaum, hereafter called defendant, and one S. Biyden, charging them with fraudulent use of the mail in violation of section 215, Criminal Code (Comp. St. § 10385). The indictment is prolix and redundant, but, briefly stated, the scheme charged, with slight variations in the different counts, is this:
Biyden and Tenenbaum were to open up a wholesale...
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