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KLEVEN v. UNITED STATES

No. 15645.

240 F.2d 270 (1957)

Eddie B. KLEVEN and Maynard W. Maetzold, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied February 26, 1957.

Attorney(s) appearing for the Case

John C. Haugland, Devils Lake, N. D. (Clyde Duffy and Duffy & Haugland, Devils Lake, N. D., were on the brief), for appellants.

Robert Vogel, U. S. Atty., Fargo, N. D. (Ralph B. Maxwell, Asst. U. S. Atty., Fargo, N. D., was with him on the brief), for appellee.

Before GARDNER, Chief Judge, and VAN OOSTERHOUT and WHITTAKER, Circuit Judges.

WHITTAKER, Circuit Judge.

Appellants, Kleven and Maetzold, were severally charged, in separate counts of an indictment, with having violated Section 545, Title 18 U.S.C., in the District of North Dakota, through dealings alleged to have been had by them in and with certain Selkirk seed wheat, known by them to have been unlawfully brought from Canada into the United States. The pertinent provisions of that statute are:

"Whoever fraudulently or knowingly imports...

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