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TOMPLAIN v. UNITED STATES

No. 5709.

42 F.2d 205 (1930)

TOMPLAIN et al. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

June 30, 1930.

Attorney(s) appearing for the Case

John J. Finnorn and Hugh M. Wilkinson, both of New Orleans, La., and C. A. Morvant, of Thibodaux, La. (Finnorn & Todd and Robert B. Todd, all of New Orleans, La., on the brief), for appellants.

Edmond E. Talbot, U. S. Atty., of New Orleans, La.

Before BRYAN and FOSTER, Circuit Judges, and HOLMES, District Judge.

FOSTER, Circuit Judge.

Appellants, Walton Tomplain, Levi Collins, and Nick Fernandez, were convicted on an indictment which, omitting formal parts, charged that on April 4, 1928, they did "unlawfully, wilfully, knowingly, feloniously and fraudulently import and bring into the United States, contrary to the National Prohibition Act, and in violation of section 813 of the Tariff Act, certain merchandise consisting of 804 cases of alcohol, containing one five gallon...

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