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ATHERTON v. UNITED STATES

No. 9828.

128 F.2d 463 (1942)

ATHERTON et al. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

May 19, 1942.

Attorney(s) appearing for the Case

Bates Booth and Alfred P. Peracca, both of Los Angeles, Cal., for appellants.

Wm. Fleet Palmer, U. S. Atty., and Russell K. Lambeau and Edward H. Law, Asst. U. S. Attys., of Los Angeles, Cal. (Arthur E. Pennekamp, Atty., Securities and Exchange Commission, of San Francisco, Cal., of counsel), for appellee.

Before DENMAN, STEPHENS, and HEALY, Circuit Judges.

HEALY, Circuit Judge.

Appellants, with four others, were indicted on a charge of conspiracy to violate, and of violating, the provisions of § 17 (a) (1) of the Securities Act of 1933, 15 U.S.C.A. § 77q (a) (1), and the mail fraud statute, 18 U.S.C.A. § 338. Each of the appellants was convicted on various of the 17 counts. Of the four others indicted, one, McBride, entered a plea of nolo contendere; and two, Baskette and Finnerty, were convicted but...

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