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UNITED STATES v. VAN PELT

No. 9743.

142 F.2d 61 (1944)

UNITED STATES v. VAN PELT.

Circuit Court of Appeals, Sixth Circuit.

May 1, 1944.

Attorney(s) appearing for the Case

Calvin Crawford and Joseph M. LeMense, both of Cincinnati, Ohio, for appellant.

Marshall, Harlan & Marshall, of Dayton, Ohio, for appellee.

Before HICKS, SIMONS, and McALLISTER, Circuit Judges.

McALLISTER, Circuit Judge.

The only question in this case is one of law, which was heretofore submitted to this court and determined adversely to appellant a year ago, in Van Pelt v. United States, 6 Cir., 134 F.2d 735. That decision reversed the district court and ordered a new trial. On remand, the parties amended their pleadings, eliminating all factual issues, and leaving for determination by the district court, the issue which...

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