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READ v. UNITED STATES

Nos. 8768, 8769.

42 F.2d 636 (1930)

READ v. UNITED STATES (two cases).

Circuit Court of Appeals, Eighth Circuit.

July 2, 1930

Attorney(s) appearing for the Case

Emmet Tinley, of Council Bluffs, Iowa (Edson R. Sunderland, of Ann Arbor, Mich., Tinley, Mitchell, Ross & Mitchell, of Council Bluffs, Iowa, and James A. Devitt, of Oskaloosa, Iowa, on the brief), for appellants.

E. G. Davis, Sp. Asst. to Atty. Gen. (Ross R. Mowry, U. S. Atty., of Newton, Iowa, on the brief), for the United States.

Before KENYON, BOOTH, and GARDNER, Circuit Judges.

KENYON, Circuit Judge.

Appellants, Thomas H. Read and Elbert A. Read, whom we will refer to as defendants, were convicted in the United States District Court for the Southern District of Iowa, upon one count of an indictment charging misapplication of funds of the First National Bank of Shenandoah, in violation of section 5209, Revised Statutes of the United States as amended (12 USCA § 592).

Other counts of the indictment charged them with various misapplications...

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