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HUPMAN v. UNITED STATES

No. 12203.

219 F.2d 243 (1955)

Everest Melvin HUPMAN, also known as Melvin E. Hupman, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Sixth Circuit.

February 7, 1955.

Attorney(s) appearing for the Case

Marshall Perlin, New York City, and J. Paul Prear, Dayton, Ohio (Donner, Kinoy & Perlin, David Scribner, New York City, on the brief), for appellant.

Thomas Stueve, First Asst. U. S. Atty., Cincinnati, Ohio (Hugh K. Martin, U. S. Atty., George S. Heitzler, Asst. U. S. Atty., Cincinnati, Ohio, on the brief), for appellee.

Before SIMONS, Chief Judge, and MILLER and STEWART, Circuit Judges.

SIMONS, Chief Judge.

The appellant was convicted on January 15, 1954 upon an indictment filed in the United States District Court for the Southern District of Ohio, containing two counts, each charging the appellant with violating § 1001 of Title 18 U.S.C., in that he made a false, fictitious and fraudulent affidavit, as a Non-Communist Union Officer. He was sentenced separately on each count but the prison sentences were made to run concurrently. Upon his appeal...

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