CHRISTIANSON v. UNITED STATES

Nos. 15299, 15300.

226 F.2d 646 (1955)

Elmo T. CHRISTIANSON and Herman Paster, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied December 5, 1955.


Attorney(s) appearing for the Case

Philip R. Bangs, Grand Forks, N. D., and Alvin C. Strutz, Bismark, N. D., for appellant Elmo T. Christianson.

William P. Murphy, St. Paul, Minn. (John W. Graff, St. Paul, Minn., was with him on the brief), for appellant Herman Paster.

Oliver Dibble, Sp. Asst. to the Atty. Gen. (Warren Olney III, Asst. Atty. Gen., and William R. Mills, Asst. U. S. Atty., Bismarck, N. D., were with him on the brief), for appellee.

Before SANBORN, COLLET, and VAN OOSTERHOUT, Circuit Judges.


COLLET, Circuit Judge.

Defendants Elmo T. Christianson, Herman Paster, and Allan Nilva were indicted October 7, 1952, for conspiracy to violate the Johnson Act, 15 U.S.C.A. § 1172, which prohibits the interstate transportation of gambling devices. Defendant Christianson was elected Attorney General of the State of North Dakota, November 7, 1950. He took office January 2, 1951. Defendant Paster had for several years been extensively engaged in the sale, distribution...

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