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MITCHELL v. UNITED STATES

No. 14711.

221 F.2d 554 (1955)

David H. MITCHELL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied May 31, 1955.

Attorney(s) appearing for the Case

Howard F. Sachs, Kansas City, Mo., Phineas Rosenberg, Harlow B. King and Morelock, Hoskins & King, Kansas City, Mo., were with him on the brief, for appellant.

Joseph L. Flynn, Asst. U. S. Atty., St. Joseph, Mo., Edward L. Scheufler, U. S. Atty., Kansas City, Mo., was with him on the brief, for appellee.

Before GARDNER, Chief Judge, and WOODROUGH and THOMAS, Circuit Judges.

GARDNER, Chief Judge.

This case is before us for the second time pursuant to a judgment of the United States Supreme Court which vacated the judgment of this court and remanded it "for consideration in the light of Holland v. United States [348 U.S. 121, 75 S.Ct. 127], Friedberg v. United States [348 U.S. 142, 75 S.Ct. 138], Smith v. United States [348 U.S. 147, 75 S.Ct...

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