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WELLMAN v. UNITED STATES

No. 12237.

253 F.2d 601 (1958)

Saul Laurence WELLMAN, Nathan Kaplan, a/k/a Nat Ganley, Thomas De Witt Dennis, Jr., Philip Schatz, Helen Mary Winter, and William Allan, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

March 25, 1958.

Attorney(s) appearing for the Case

Ernest Goodman, Detroit, Mich., Goodman, Crockett, Eden & Robb, George W. Crockett, Jr., Detroit, Mich., on brief, for appellants.

William G. Hundley, Washington, D. C., Fred W. Kaess, Detroit, Mich., John J. Keating, Jr., Lawrence K. Bailey, Washington, D. C., on brief, for appellee.

Before McALLISTER, MILLER and STEWART, Circuit Judges.

SHACKELFORD MILLER, Jr., Circuit Judge.

Appellants were tried and convicted in the District Court under a single count indictment which charged them of conspiring to violate the Smith Act, Sections 2385 and 371, Title 18 U.S.Code. On appeal the judgment was affirmed by this Court on November 18, 1955. Wellman v. United States, 227 F.2d 757. In affirming the judgment we relied to some extent on Yates v. United States, 9 Cir.,

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