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SCHMIDT v. UNITED STATES

No. 8959.

124 F.2d 177 (1941)

SCHMIDT v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

November 5, 1941.

Attorney(s) appearing for the Case

Murray Seasongood, of Cincinnati, Ohio, for appellant.

James J. Waters and William W. Barron, both of Washington, D. C., for appellee.

Before HICKS, ALLEN, and McALLISTER, Circuit Judges.

HICKS, Circuit Judge.

This cause was heard upon the transcript of the record, briefs, and arguments of counsel. On consideration whereof, the court is of the opinion that the filing in the Clerk's office by appellant of the affidavits obtained under the circumstances set forth in the evidence was not upon the authority of Nye v. United States, 313 U.S. 33, 61 S.Ct. 810, 85 L.Ed. 1172, in the presence of the court or so near thereto...

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