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SIMONS v. UNITED STATES

No. 9292.

119 F.2d 539 (1941)

SIMONS et al. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied May 22, 1941.

Attorney(s) appearing for the Case

George F. Vanderveer, of Seattle, Wash., for appellants.

J. Charles Dennis, U. S. Atty., and F. A. Pellegrini and G. D. Hile, Asst. U. S. Attys., all of Seattle, Wash., for appellee.

Before GARRECHT, DENMAN, and STEPHENS, Circuit Judges.

STEPHENS, Circuit Judge.

Appellants were indicted, convicted and sentenced for violation of Sections 338 and 88, Title 18, U.S.C.A., and Section 17(a) (1) of the Securities Act of 1933, 15 U.S.C.A. § 77q, as amended.

Numerous errors are claimed in the trial, but before considering these claimed errors, we turn our attention to appellants' thirty-fifth assignment of error, reading: "Because the Honorable Leon R. Yankwich had not been present during the...

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