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OLIVER v. UNITED STATES

Nos. 2208, 2217.

121 F.2d 245 (1941)

OLIVER v. UNITED STATES. SELLERS v. SAME.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied July 11, 1941.

Attorney(s) appearing for the Case

C. Ray Smith, of Chicago, Ill. (Hugh B. Woodward and R. F. Deacon Arledge, both of Albuquerque, N. M., on the brief), for appellant H. S. Oliver.

Hugh B. Woodward, of Albuquerque, N. M. (C. Ray Smith, of Chicago, Ill., and R. F. Deacon Arledge, of Albuquerque, N. M., on the brief), for appellant C. P. Sellers.

Everet M. Grantham, of Santa Fe, N. M. (Gilberto Espinosa and Donald B. Moses, both of Albuquerque, N. M., on the brief), for appellee.

Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

The appellants appeal from a judgment in pursuance of a conviction upon an indictment charging the appellants and twenty-five other named persons with unlawfully conspiring, under 18 U.S.C.A., § 88, to violate 18 U.S.C.A., § 338, by forming or intending to form a fraudulent scheme and to use the mails in furtherance of it.

The separate appeals are based upon a common record. The briefs present a united attack on the judgment...

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