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UNITED STATES v. O'BRIEN

No. 7759.

77 F.2d 1019 (1935)

UNITED STATES of America, Appellant, v. Robert Chester O'BRIEN, Appellee.

Circuit Court of Appeals, Ninth Circuit.

June 17, 1935.

Attorney(s) appearing for the Case

H. H. McPike, U. S. Atty., and Thomas C. Lynch, Asst. U. S. Atty., both of San Francisco, Cal.

Alvin Gerlack, of San Francisco, Cal., for appellee.

Before WILBUR, DENMAN, and MATHEWS, Circuit Judges.

PER CURIAM.

Upon motion of counsel for appellee confessing error herein and for reversal of the judgment of the District Court herein and remanding of the cause for a new trial, upon authority of White v. U. S. A., 77 F.2d 757, decided by this court May 20, 1935, No. 7245, it is ordered that said motion be granted, that a judgment be filed and entered accordingly, and the mandate of this court issued...

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