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ACKERMANN v. UNITED STATES

No. 12610.

178 F.2d 983 (1949)

ACKERMANN v. UNITED STATES.

United States Court of Appeals Fifth Circuit.

December 29, 1949.

Attorney(s) appearing for the Case

E. M. Grimes, Taylor, Tex., for appellant.

Henry W. Moursund, U. S. Atty., San Antonio, Tex., Joel W. Westbrook, Asst. U. S. Atty., San Antonio, Tex., for appellee.

Before HUTCHESON, HOLMES, and RUSSELL, Circuit Judges.

RUSSELL, Circuit Judge.

The facts of this case do not bring it within the decision of Klapprott v. United States, 335 U.S. 601, 69 S.Ct. 384, and the trial Court did not hold that the grounds stated in the motion were not sufficient to invoke the authority of the Court. As to this, the order of the Court recites that the Court, having considered the motion, "is of the opinion that there is no merit to said motion and that the same should...

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