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KOTT v. UNITED STATES

No. 11929.

163 F.2d 984 (1947)

KOTT et al. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied November 19, 1947.

Attorney(s) appearing for the Case

Louis Halle, of New York City, Jacob H. Morrison, of New Orleans, La., and Wood H. Thompson and Thos. W. Leigh, both of Monroe, La., for appellants.

Malcolm E. Lafargue, U. S. Atty., of Shreveport, La., for the U. S.

Before HUTCHESON, McCORD, and WALLER, Circuit Judges.

WALLER, Circuit Judge.

The appellants were convicted under Count 3 of an indictment which charged a substantive violation of the Emergency Price Control Act, 50 U.S.C.A.Appendix, § 904, by the sale of liquor in excess of the ceiling price and which indictment also, under Count 4, charged a conspiracy to violate that Act.

It is in evidence that Comel John, a merchant dealing in illicit liquor in Vicksburg, Mississippi, and who was working in liaison with...

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