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UNITED STATES v. SINGER

No. 8355.

141 F.2d 262 (1943)

UNITED STATES v. SINGER et al.

Circuit Court of Appeals, Third Circuit.

Decided November 29, 1943.

Rehearing Denied January 12, 1944.

Attorney(s) appearing for the Case

John D. Ray, of Beaver Falls, Pa., for appellants.

George Mashank, of Pittsburgh, Pa., for appellee.

Before BIGGS, GOODRICH, and McLAUGHLIN, Circuit Judges.

PER CURIAM.

The indictment in this case charged the appellants with a conspiracy to violate the Selective Training and Service Act of 1940, 50 U.S.C.A. Appendix, § 301 et seq., but did not allege the commission of any overt act in furtherance of the conspiracy. The appellants contend that for this reason the indictment was defective and that a demurrer filed to it should have been sustained.

This precise argument was made in the case of United States...

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