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UNITED STATES v. MUELLER

No. 12676.

178 F.2d 593 (1949)

UNITED STATES v. MUELLER et al.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 17, 1950.

Attorney(s) appearing for the Case

Henry W. Moursund, United States Attorney, San Antonio, Texas, Wm. H. Russell, Jr., Asst. United States Attorney, San Antonio, Texas, Joel W. Westbrook, Asst. United States Attorney, San Antonio, Texas, for appellant.

Ben F. Foster, San Antonio, Texas, Louis W. Schlesinger, San Antonio, Texas, for appellees.

Before HUTCHESON, HOLMES, and RUSSELL, Circuit Judges.

HOLMES, Circuit Judge.

The defendants in this case were charged by indictment with a violation of Section 1593(b) of Title 19 U.S.C.A.,1 in that they facilitated the transportation of a quantity of lottery tickets that had been imported from Mexico into the United States. The court below, after having heard and considered the motion and argument of counsel, granted the appellees' motion for dismissal...

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