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MARIFIAN v. UNITED STATES

Nos. 10423-10425.

82 F.2d 628 (1936)

MARIFIAN v. UNITED STATES. KOLAR v. SAME. FINK v. SAME.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied April 14, 1936.

Attorney(s) appearing for the Case

Charles A. Lich, of St. Louis, Mo. (Joseph J. Lemen and E. C. Koeneman, both of St. Louis, Mo., on the brief), for appellants.

Henry G. Morris, Asst. U. S. Atty., of St. Louis, Mo. (Harry C. Blanton, U. S. Atty., of Sikeston, Mo., on the brief), for the United States.

Before STONE, VAN VALKENBURGH, and FARIS, Circuit Judges.

STONE, Circuit Judge.

These three appellants, with Sam Birenbaum and George Stone, were indicted in three counts, the first of which charged possession of 27 boxes of New Currency cigars stolen from an interstate shipment; the second count was for similar possession of 60 cans of Muriel cigars; and the third count for a conspiracy to receive, possess, and offer for sale and to transport the above cigars. Birenbaum and Stone pleaded nolo contendere and were witnesses...

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