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SHAVER v. UNITED STATES

No. 11974.

174 F.2d 618 (1949)

SHAVER v. UNITED STATES.

United States Court of Appeals Ninth Circuit.

May 2, 1949.

Attorney(s) appearing for the Case

James T. Davis, of San Francisco, Cal., for appellant.

Frank J. Hennessy, U.S. Atty., and Daniel C. Deasy, Jr., Asst. U.S. Atty., both of San Francisco, Cal., for appellee.

Before STEPHENS and HEALY, Circuit Judges, and FEE, District Judge

JAMES ALGER FEE, District Judge.

The indictment in this case charges embezzlement by employee of a carrier under the 1946 amendment of 18 U.S.C.A. § 409,1 which reads as far as pertinent here as follows:

"* * * being an employee of any carrier riding in, on or upon any railroad car, motortruck, steamboat, vessel, aircraft, or other vehicle of such carrier transporting passengers or property in interstate or foreign commerce...

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