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LOTTO v. UNITED STATES

No. 13176.

157 F.2d 623 (1946)

LOTTO et al. v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied December 4, 1946.

Attorney(s) appearing for the Case

Walter F. Maley, of Des Moines, Iowa (Frank J. Comfort, of Des Moines, Iowa, on the brief), for appellants.

Tobias E. Diamond, U. S. Atty., of Sioux City, Iowa (William B. Danforth, Asst. U. S. Atty., of Sioux City, Iowa, on the brief), for appellee.

Before GARDNER, WOODROUGH, and RIDDICK, Circuit Judges.

WOODROUGH, Circuit Judge.

Appellants, Frank Lotto and Joseph Raymond Cullotta, were jointly charged in an indictment containing ten counts. Counts I-VII inclusive charged them with unlawful possession of certain gasoline ration coupons which they had acquired by theft from named persons in Wisconsin, Minnesota, and Iowa, in violation of Sec. 1394.8177(c) of Revised Ration Order 5(c) (10 Fed. Register 4893) and General Ration Order 8, as amended (8 Fed. Register 3783...

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