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UNITED STATES v. FRANK GRAHAM CO.

No. 13947.

199 F.2d 499 (1952)

UNITED STATES v. FRANK GRAHAM CO.

United States Court of Appeals Fifth Circuit.

October 28, 1952.

Attorney(s) appearing for the Case

Lamar N. Smith, Asst. U. S. Atty., J. Ellis Mundy, U. S. Atty., Atlanta, Ga., for appellant.

Harry S. McCowen, Atlanta, Ga., for appellee.

Before HUTCHESON, Chief Judge, and HOLMES and RUSSELL, Circuit Judges.

HUTCHESON, Chief Judge.

Appealing from a judgment of remission entered under Section 3617,1 Title 18 U.S. C.A., the United States is here insisting that the stipulation2 on which the question was tried below showed that claimant was within, but not in compliance with, subsection (b)(3)3 of the section.

The appellee, relying upon...

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