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WAGNER v. UNITED STATES

No. 17180.

263 F.2d 877 (1959)

John A. WAGNER and J. Paul Peek, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 9, 1959.

Attorney(s) appearing for the Case

Cecil C. Bailey, Theodore W. Glocker, Jr., J. Edwin Gay, Jacksonville, Fla., Fletcher G. Rush, Orlando, Fla., Lucius A. Buck, Jacksonville, Fla., for appellants.

Richard Kelly, Asst. U. S. Atty., James L. Guilmartin, U. S. Atty., Tampa, Fla., for appellee.

Before RIVES, TUTTLE and CAMERON, Circuit Judges.

RIVES, Circuit Judge.

The appellants were indicted on 21 counts, all but five of which — Counts 1, 6, 13, 20, and 21 — were dismissed on motion. Count 1 charges both appellants with conspiracy; Count 6 charges the appellant Peek with bribery; Counts 13, 20, and 21 charge the appellant Wagner with making false entries of competitive bids on Government purchase orders. Peek was President of Orlando (Florida) Fuel Oil Company, Inc., a dealer in fuel oil...

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