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JOHNSON v. UNITED STATES

No. 6588.

59 F.2d 42 (1932)

JOHNSON v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied June 24, 1932.

Attorney(s) appearing for the Case

H. L. Arterberry, of Los Angeles, Cal. (David H. Cannon, of Los Angeles, Cal., Athearn, Chandler & Farmer and Frank R. Devlin, of San Francisco, Cal., and McLean, Scott & Sayers, of Fort Worth, Tex., of counsel), for appellant.

Samuel W. McNabb, U. S. Atty., and P. V. Davis, Asst. U. S. Atty., both of Los Angeles, Cal., and Frank M. Parrish and Neil Burkinshaw, Sp. Assts. to Atty. Gen.

Before WILBUR and SAWTELLE, Circuit Judges and KERRIGAN, District Judge.

SAWTELLE, Circuit Judge.

On June 19, 1925, the grand jury for the Southern district of California, sitting at Los Angeles, returned an indictment against the appellant charging him on six counts with using the mails in the execution of a scheme to defraud in violation of section 215 of the Criminal Code of the United States (18 USCA § 338).

The defendant resisted removal from Fort Worth, Tex., and he was finally ordered removed on September 19, 1928....

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