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KOPALD-QUINN & CO. v. UNITED STATES

No. 8590.

101 F.2d 628 (1939)

KOPALD-QUINN & CO. et al. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

February 16, 1939.

Attorney(s) appearing for the Case

John M. Slaton, Hal Lindsay, and A. Walton Nall, all of Atlanta, Ga., for appellants.

J. Albert Woll, Sp. Asst. to Atty. Gen., Brien McMahon, Asst. Atty. Gen., and William J. Connor, Sp. Atty., Department of Justice, of Washington, D. C., and M. Neil Andrews, Atty., Securities and Exchange Commission, and Lawrence S. Camp, U. S. Atty., both of Atlanta, Ga.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.

HUTCHESON, Circuit Judge.

Appellants were indicted and tried with others upon an indictment in fifteen counts. Counts 1 to 7 charged them with "employing, by the use of the mails, a device, scheme or artifice to defraud" in violation of Sec. 17(a) of the Securities Exchange Act of 1933, as amended,1 counts 8 to 14 inclusive charged them with using the mails to defraud in violation of the Mail Fraud statute,2

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