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BARY v. UNITED STATES

Nos. 5240-5246

248 F.2d 201 (1957)

Arthur BARY, also known as Achilles Diamantis Daramparis; Anna Bary; Harold Zepelin, also known as Harry Zepelinsky; Lewis Martin Johnson; Joseph William Scherrer; Maia Scherrer, also known as Maia Turchin; Patricia Julia Blau, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

August 23, 1957.

Attorney(s) appearing for the Case

William A. Bryans, III and Forrest C. O'Dell, Denver, Colo., and Mary M. Kaufman, New York City (Bryant O'Donnell and Harry A. Frumess, Denver, Colo., on the brief), for appellants.

Thomas J. Mitchell, Sp. Asst. to Atty. Gen. of U. S., Philip T. White, Atty., Department of Justice, Washington, D. C., and Donald E. Kelley, U. S. Atty., Denver, Colo., for appellee.

Before BRATTON, Chief Judge, and PHILLIPS and LEWIS, Circuit Judges.

BRATTON, Chief Judge.

This was a prosecution for an alleged conspiracy to violate section 2 of the so-called Smith Act, 54 Stat. 670, 671. The offense laid in the indictment was that from on or about April 1, 1945, to and including the date of the return of the indictment, in the District of Colorado, and elsewhere, Arthur Bary, also known as Achilles Diamantis Daramparis, also known as Arthur Daramparis; Anna Bary; Harold...

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