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HART v. UNITED STATES

No. 9272.

112 F.2d 128 (1940)

HART et al. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied July 16, 1940.

Attorney(s) appearing for the Case

Hugh M. Wilkinson, Warren Doyle, Walter B. Hamlin, John D. Lambert, William C. Orchard, Bernard J. Daly, and George Seth Guion, all of New Orleans, La., Roland C. Kizer, of Baton Rouge, La., John R. Hunter, of Alexandria, La., and O. R. McGuire, of Washington, D. C., for appellants.

O. John Rogge, Asst. Atty. Gen., Harold Rosenwald and Alfred B. Teton, Sp. Assts. to the Atty. Gen., Rene A. Viosca, U. S. Atty., and Leon Hubert, Jr., Herbert W. Christenberry, and Robert Weinstein, all of New Orleans, La., for appellee.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.

McCORD, Circuit Judge.

Monte E. Hart, James Monroe Smith, J. Emory Adams, Seymour Weiss, and Louis C. LeSage were convicted under two counts of an indictment charging them with having used the mails to defraud Louisiana State University and Agricultural and Mechanical College, the State of Louisiana and its taxpayers, all in violation of Section 215 of the Criminal Code, 18 U.S. C.A. § 338. Appeals were taken by all the defendants but before submission the appeal...

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