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MACKETT v. UNITED STATES

Nos. 6160, 6161.

90 F.2d 462 (1937)

MACKETT v. UNITED STATES. HANECY v. SAME.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied June 25, 1937.

Attorney(s) appearing for the Case

Lyman G. Wheeler, of Milwaukee, Wis., for appellant Frank Mackett, Jr.

Charles E. Hammersley and Ira S. Lorenz, both of Milwaukee, Wis., for appellant William E. Hanecy.

B. J. Husting, U. S. Atty., and L. Hugo Keller, Asst. U. S. Atty. both of Milwaukee, Wis.

Before SPARKS and MAJOR, Circuit Judges, and LINDLEY, District Judge.

MAJOR, Circuit Judge.

Appellants and others were tried on a three-count indictment, the first two counts of which were predicated upon section 338, title 18, U.S.C.A., and the third count upon section 88 of the same title. The first count, after setting forth the scheme and artifice to defraud, alleges the defendants "did place and cause to be placed in the Post Office of the United States, at Milwaukee, Wisconsin, aforesaid, to be sent and delivered by the Post Office...

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