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McCOY v. UNITED STATES

No. 11474.

169 F.2d 776 (1948)

McCOY v. UNITED STATES.

Circuit Court of Appeals. Ninth Circuit.

Rehearing Denied October 8, 1948.

Attorney(s) appearing for the Case

Wellington D. Rankin and Arthur P. Acher, both of Helena, Mont., and Charles L. Zimmerman, of Butte, Mont., and H. B. Landoe, of Bozeman, Mont., for appellant.

John B. Tansil, U. S. Atty., of Billings, Mont., and Harlow Pease and Emmett C. Angland, Asst. U. S. Attys., both of Butte, Mont., for appellee.

Before GARRECHT, DENMAN, MATHEWS, STEPHENS, HEALY, BONE, and ORR, Circuit Judges.

STEPHENS, Circuit Judge.

This case was heretofore argued and submitted to a division of this court and thereafter was reargued and resubmitted to the court en banc. The court's opinion and order affirming the judgment was filed and made June 28, 1948. On August 24, 1948, the opinion was withdrawn for correction and this opinion was filed. Judge Garrecht approved this opinion, but died before it was filed.

Irving McCoy was indicted in two counts with violations...

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