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UNITED STATES v. WINNICKI

No. 8799.

151 F.2d 56 (1945)

UNITED STATES v. WINNICKI.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied September 18, 1945.

Attorney(s) appearing for the Case

Alexander M. Campbell and H. Hugh Kennerk, U. S. Atty., both of Fort Wayne, Ind., James E. Keating, Asst. U. S. Atty., of South Bend, Ind., Fred V. Cramer, Enforcement Atty., Office of Price Administration, of Indianapolis, Ind., and Tom C Clark, Dept. of Justice, and Helen May Bloedorn, Atty., Dept. of Justice, both of Washington, D. C., for appellant.

S. K. Frankenstein, of Fort Wayne, Ind., for appellee.

Before EVANS, KERNER, and MINTON, Circuit Judges.

KERNER, Circuit Judge.

Defendant was indicted for violating Ration Order 1A issued by the Office of Price Administration pursuant to Section 2(a) (5) of Title III of the Second War Powers Act, 50 U.S.C.A.Appendix, § 633.1 The indictment was in three counts, and defendant's demurrer to each count was sustained. Under 18 U.S.C.A. § 682, the United States has appealed.

Defendant was charged in Count I with unlawfully receiving...

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