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TRI-ANGLE CLUB, INC. v. UNITED STATES

No. 16111.

265 F.2d 829 (1959)

TRI-ANGLE CLUB, INC. and Leo C. Prochello, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

April 21, 1959.

Attorney(s) appearing for the Case

T. H. Wangensteen, Minneapolis, Minn. (Frank J. Margolin, Sioux City Iowa, on the brief), for appellants.

F. E. Van Alstine, U. S. Atty., Sioux City, Iowa (Theodore G. Gilinsky, Attorney, Department of Justice, Sioux City, Iowa, on the brief), for appellee.

Before GARDNER, Chief Judge, and VOGEL and MATTHES, Circuit Judges.

GARDNER, Chief Judge.

Appellants were charged in an indictment of five counts with a violation of Sec. 5643, Title 26 U.S.Code. Count One reads as follows:

"That Tri-Angle Club, Inc., and Leo C. Prochello, on or about September 13, 1956, in Sioux City, Woodbury County, in the Western Division of the Northern District of Iowa, in violation of Section 5643, Title 26, United States Code, did unlawfully re-use one 4/5 quart bottle labeled `Old Mr. Boston', `Rocking...

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