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FELIO v. UNITED STATES

Nos. 9206-9209.

55 F.2d 161 (1932)

FELIO v. UNITED STATES, and three other cases.

Circuit Court of Appeals, Eighth Circuit.

January 14, 1932.

Attorney(s) appearing for the Case

J. J. Friedman, of Omaha, Neb. (Harry B. Fleharty, of Omaha, Neb., on the brief), for appellants.

Edson Smith, Asst. U. S. Atty., of Omaha, Neb. (Charles E. Sandall, U. S. Atty., and Ambrose C. Epperson, Asst. U. S. Atty., both of Omaha, Neb., Robert Van Pelt, Asst. U. S. Atty., of Lincoln, Neb., and Lawrence I. Shaw, Asst. U. S. Atty., of Omaha, Neb., on the brief), for the United States.

Before STONE and VAN VALKENBURGH, Circuit Judges, and SANBORN, District Judge.

VAN VALKENBURGH, Circuit Judge.

August 30, 1930, appellants in the above-entitled causes were jointly indicted in the District Court for the District of Nebraska for violations of the internal revenue laws (26 USCA §§ 291, 306, 307). The indictment contained six counts. The first count was for the unlawful making of mash fit for the production of alcoholic spirits, said mash not having been made on the premises of a duly authorized distillery; the second...

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