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McDONALD v. HUDSPETH

Nos. 2526, 2527.

129 F.2d 196 (1942)

McDONALD et al. v. HUDSPETH, Warden.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied August 4, 1942.

Attorney(s) appearing for the Case

Wm. L. Branch, of Denver, Colo., for appellants.

Summerfield S. Alexander, U. S. Atty., and Homer Davis, Asst. U. S. Atty., both of Topeka, Kan., for appellee.

Before PHILLIPS, MURRAH, and WILLIAMS, Circuit Judges.

PHILLIPS, Circuit Judge.

An indictment containing six counts was returned against Walter McDonald and Otto Barnowski1 in the District Court of the United States for the Eastern District of Michigan, Southern Division, on May 4, 1938. The first count charged a violation of 12 U.S.C.A. § 588b(a). The remaining counts charged a violation of 12 U.S. C.A. § 588b(b).

Petitioners were...

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