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UNITED STATES v. APEX DISTRIBUTING COMPANY

Nos. 15701, 15702.

270 F.2d 747 (1959)

UNITED STATES of America, Appellant, v. APEX DISTRIBUTING COMPANY, Inc., Albert A. Finer, and James E. Halstead, Appellees. UNITED STATES of America, Appellant, v. Albert A. FINER and John E. Moeller, Appellees.

United States Court of Appeals Ninth Circuit.

September 21, 1959.

Attorney(s) appearing for the Case

Charles P. Moriarty, U. S. Atty., Joseph C. McKinnon, Asst. U. S. Atty., Seattle, Wash., for appellant.

H. Sylvester Garvin, Seattle, Wash., for Apex Distributing Co., Inc., and Albert A. Finer.

Dodd & Russell, Gordon Dodd, Seattle, Wash., for James E. Halstead.

Houghton, Cluck, Coughlin & Henry, for John E. Moeller.

Before POPE, STEPHENS, FEE, CHAMBERS, BARNES, HAMLEY, HAMLIN, JERTBERG, Circuit Judges.

HAMLEY, Circuit Judge.

Prior to trial the district court entered orders dismissing these two criminal actions. The Government appealed. Defendants, asserting that this court is without jurisdiction, have moved to dismiss the appeals. These motions are the only matters now before us. For the reasons hereinafter stated, the motions to dismiss the appeals are granted.

All of the defendants were indicted under 18 U.S.C.A. §§ 201 and 202, for allegedly...

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