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RAARUP v. UNITED STATES

Nos. 5100, 5071.

23 F.2d 547 (1928)

RAARUP v. UNITED STATES. SMYTHE v. SAME.

Circuit Court of Appeals, Fifth Circuit.

January 30, 1928.

Attorney(s) appearing for the Case

George B. Smart, Geo. D. Smart, and John B. Murphy, all of New Orleans, La. (Finnorn & Murphy, of New Orleans, La., on the brief), for plaintiff in error Raarup.

T. S. Walmsley, of New Orleans, La., for plaintiff in error Smythe.

Wayne G. Borah, U. S. Atty., of New Orleans, La.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

WALKER, Circuit Judge.

The indictment in this case against Osa J. Smythe, Walter P. Raarup, and two other persons contained four counts; the first and second counts charging the accused with feloniously taking and carrying away a quantity of fuel oil and other property from two named steamships, both the property of the United States. Smythe and Raarup were convicted under the first and second counts. Each of them sued out a writ of error. In behalf of Smythe, complaint...

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