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UNITED STATES v. BYOIR

No. 11260.

147 F.2d 336 (1945)

UNITED STATES v. BYOIR.

Circuit Court of Appeals, Fifth Circuit.

January 29, 1945.

Attorney(s) appearing for the Case

Horace L. Flurry and Earl A. Jinkinson, Sp. Assts. to Atty. Gen., for appellant.

John Touchstone, of Dallas, Tex., for appellee.

Before SIBLEY, McCORD, and WALLER, Circuit Judges.

PER CURIAM.

Carl Byoir and others were indicted for conspiracy in the District Court of the United States for the Northern District of Texas. On Feb. 26, 1944, an order of dismissal on a motion for nolle prosequi was entered by the Court. A prosecution of the same defendants on charges in substance the same was at once commenced by an information based on an affidavit of the district attorney in the District Court for the Eastern District of Illinois. On a warrant...

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