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ALTERMAN TRANSPORT LINES v. UNITED STATES

No. 16602.

255 F.2d 125 (1958)

ALTERMAN TRANSPORT LINES, Inc., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 28, 1956.

Attorney(s) appearing for the Case

George Cheren, Robert Golden, Miami, Fla., Frank B. Hand, Jr., Washington, D. C., for appellant.

E. David Rosen and Lavinia L. Redd, Asst. U. S. Attys., Miami, Fla., David H. Dantzler, Reg. Atty., Interstate Commerce Commission, Atlanta, Ga., James L. Guilmartin, U. S. Atty., for Southern District of Florida, Miami, Fla., for appellee.

Before HUTCHESON, Chief Judge, and TUTTLE and BROWN, Circuit Judges.

TUTTLE, Circuit Judge.

This is an appeal from the judgment of conviction by the trial court on one count of an information in a jury-waived case of violation of 49 U.S.C.A. § 322(g) relating to the wilful filing of a false report to the Interstate Commerce Commission. This section of the statute provides as follows:

"Any motor carrier * * * who shall * * * knowingly and wilfully file with the Commission any false report, account, record * * * shall be...

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