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FRISCIA v. UNITED STATES

No. 6740.

63 F.2d 977 (1933)

FRISCIA et al. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 21, 1933.

Attorney(s) appearing for the Case

Howard P. Macfarlane, R. C. Brown, and Le Roy Allen, all of Tampa, Fla., and Warren Doyle, of New Orleans, La., for appellants.

W. P. Hughes, U. S. Atty., of Jacksonville, Fla., and Nathan R. Graham, Asst. U. S. Atty., of Tampa, Fla.

Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.

BRYAN, Circuit Judge.

Appellants, Augustine Friscia, Peter Friscia, Mario Pearla, and Lewis Puglisi, were convicted, upon five counts of an indictment drawn under 18 USCA § 338, of using the mails for the purpose of executing a scheme to defraud.

The first count of the indictment — after setting out that on October 2, 1931, an apartment house described by lot and block numbers, the title to which was in Augustine Friscia, was destroyed by fire...

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