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DONALDSON v. UNITED STATES

No. 15018.

248 F.2d 364 (1957)

Arthur V. DONALDSON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied December 4, 1957.

Attorney(s) appearing for the Case

Jerome Anderson, Billings, Mont., Leslie MacGowan, San Francisco, Cal., for appellant.

Krest Cyr, U. S. Atty., Butte, Mont., Dale F. Galles, Asst. U. S. Atty., Billings, Mont., Thomas G. Meeker, General Counsel, David Ferber, Asst. General Counsel, Joseph B. Gildenhorn, Attorney, S.E.C., Washington, D. C., for appellee.

Before BONE and HAMLEY, Circuit Judges, and GOODMAN, District Judge.

BONE, Circuit Judge.

Appellant was indicted for violating the fraud provisions of Section 17(a)(1) of the Securities Act of 1933, 15 U.S. C.A. § 77q(a)(1), the mail fraud statute, 18 U.S.C.A. § 1341, and for conspiring to commit these crimes in violation of 18 U.S.C.A. § 371. Count V of the indictment was dismissed because of an error in typography. The jury returned a verdict of guilty on counts I, II, III, IV, VI, VII, VIII and IX. Appellant was acquitted...

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