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MADIGAN v. UNITED STATES

No. 7905.

23 F.2d 180 (1927)

MADIGAN et al. v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

November 23, 1927.

Attorney(s) appearing for the Case

Arthur R. Morrison, of Denver, Colo., for plaintiff in error Madigan.

F. W. James, of Salt Lake City, Utah (Richard O. Pearse, of Salt Lake City, Utah, on the brief), for plaintiffs in error Sourlokulos, Kearns, Kamariotis, and Theodore.

Edward T. Lazear, of Cheyenne, Wyo., for plaintiff in error Barnett.

Albert D. Walton, U. S. Atty., of Cheyenne, Wyo. (Clyde M. Watts, Asst. U. S. Atty., of Cheyenne, Wyo., on the brief), for the United States.

Before LEWIS, Circuit Judge, and POLLOCK and SCOTT, District Judges.

LEWIS, Circuit Judge.

Shortly after 1 o'clock a. m. August 14, 1926, the west-bound mail train on the Union Pacific Railway stopped at the coal chute at Hanna, Wyo., and was there boarded by two men who concealed themselves in the storage mail car for a time. The door to that car was not locked. Soon thereafter they entered the car immediately in front, in which Albert J. Miller, who was in charge of the train and in custody...

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