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ZITO v. UNITED STATES

Nos. 4894, 4895.

64 F.2d 772 (1933)

ZITO et al. v. UNITED STATES. HUBINGER CO. v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

April 21, 1933.

Attorney(s) appearing for the Case

John E. Dougherty, of Peoria, Ill., and Edward Pree, of Springfield, Ill., for appellants Zito and others.

James E. Carroll, of St. Louis, Mo., and Geo. B. Gillespie, Edmund Burke, and Louis F. Gillespie, all of Springfield, Ill., for appellant Hubinger Co.

Frank K. Lemon, U. S. Atty., and Marks Alexander, Asst. U. S. Atty., both of Springfield, Ill., for the United States.

Before EVANS and SPARKS, Circuit Judges, and BALTZELL, District Judge.

BALTZELL, District Judge.

The appellant Frank Zito and a large number of other individuals, together with appellant, the Hubinger Company, a corporation, were charged in an indictment with entering into an unlawful conspiracy for the purpose of violating the National Prohibition Act (27 USCA). Some of the individual defendants in the indictment were granted separate trials, and a directed verdict of not guilty was ordered for other defendants. The following named...

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