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SPIVEY v. UNITED STATES

No. 9038.

109 F.2d 181 (1940)

SPIVEY v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 13, 1940.

Attorney(s) appearing for the Case

Roderick Beddow and G. Ernest Jones, both of Birmingham, Ala., for appellant.

Jim C. Smith, U. S. Atty., of Birmingham, Ala., for appellee.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.

HUTCHESON, Circuit Judge.

Appellant, with two others, was charged upon an indictment in twenty-seven counts, with violating Sections 80,1 832 and 338, Title 18 U.S.C.A. Seven counts, 1, 2, 3, 23, 24, 25 and 26, charged violation of Section 338, the use of the mails to defraud. Eighteen, being all of the remaining counts, except the twentieth, charged the making of false and fictitious statements in violation...

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