UNITED STATES v. CRUMMER

No. 3155.

151 F.2d 958 (1945)

UNITED STATES v. CRUMMER et al.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied December 11, 1945.


Attorney(s) appearing for the Case

Theodore L. Thau, Sp. Asst., of Washington, D.C. (Randolph Carpenter, U. S. Atty., and Eugene W. Davis, Asst. U. S. Atty., both of Topeka, Kan., Alexander J. Brown, Jr., Sp. Asst. U. S. Atty., of Chicago, Ill., and Roger S. Foster, Sol., Robert S. Rubin, Asst. Sol., and Alexander Cohen, Atty., Securities and Exchange Commission, all of Philadelphia, Pa., on the brief), for appellant.

Francis X. Busch, of Chicago, Ill., and W. F. Lilleston and Glenn Porter, both of Wichita, Kan. (R. B. Caldwell, of Kansas City, Kan., E. R. Sloan and Thomas M. Lillard, both of Topeka, Kan., and Harry C. Castor and Joseph G. Carey, both of Wichita, Kan., on the brief), for appellees.

Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.


BRATTON, Circuit Judge.

Roy E. Crummer, nine other individuals, and two corporations were indicted in the United States court for Kansas under Section 215 of the Criminal Code, 18 U.S.C.A. § 338, which in presently material part provides:

"Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, * * * shall, for the purpose...

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