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UNITED STATES v. ROSS

No. 4609.

205 F.2d 619 (1953)

UNITED STATES v. ROSS et al.

United States Court of Appeals Tenth Circuit.

June 19, 1953.

Attorney(s) appearing for the Case

Eugene W. Davis, U. S. Atty., Topeka, Kan. (Robert H. Bingham, Asst. U. S. Atty., Topeka, Kan., on the brief), for appellant.

Harold Judson, Studio City, Cal., for appellees.

Before PHILLIPS, Chief Judge, and MURRAH and PICKETT, Circuit Judges.

PHILLIPS, Chief Judge.

An indictment containing 82 counts was returned against Ross and Tager in the United States District Court for the District of Kansas. Each count charged that the defendants `"did knowingly deposit for mailing at Van Nuys, California, for delivery in the District of Kansas," an envelope containing nonmailable material, as defined in 18 U.S.C.A. § 1461. The trial court dismissed the indictment on the ground that the venue was improperly...

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