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HAWTHORNE v. UNITED STATES

Nos. 9545, 9546.

115 F.2d 805 (1940)

HAWTHORNE et al. v. UNITED STATES (two cases).

Circuit Court of Appeals, Fifth Circuit.

November 22, 1940.

Attorney(s) appearing for the Case

S. L. Lewis, of Dallas, Tex., for appellants.

Clyde O. Eastus, U. S. Atty., of Fort Worth, Tex., and John S. L. Yost and W. Carroll Hunter, Sp. Assts. to the Atty. Gen., for appellee.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.

HOLMES, Circuit Judge.

These two cases present similar facts and are controlled by the same legal principles. They will be disposed of in one opinion as was done in the court below. See United States v. Hawthorne, D.C., 31 F.Supp. 827, decided March 11, 1940, to which reference is made for a statement of the questions presented.

Since the decision of the court below in this case, we have upheld the constitutionality of...

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