UNITED STATES v. POTISHMAN

No. 15533.

230 F.2d 271 (1956)

UNITED STATES of America, Appellant, v. Leo POTISHMAN, Julian Scott, Transit Grain Company and Charles J. Winters, Appellees.

United States Court of Appeals Fifth Circuit.

February 23, 1956.


Attorney(s) appearing for the Case

John A. Lowther, Asst. U. S. Atty., Heard L. Floore, U. S. Atty., Fort Worth, Tex., for appellant.

Saul Stone, New Orleans, La., Dan Moody, Austin, Tex., Wisdom & Stone, New Orleans, La., Dan Moody, Jr., Austin, Tex., for appellees.

Before RIVES, TUTTLE and CAMERON, Circuit Judges.


RIVES, Circuit Judge.

The district court dismissed an indictment against the appellees and the Government appeals. Count 1 of the indictment charged a conspiracy under the provisions of § 714m(d), Title 15, U.S.C.A.,1 to violate the provisions of § 714m(a),2 Title 15, U.S.C.A., and § 714m(c)3, Title 15, U.S.C.A. The remaining three counts are substantive counts charging...

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