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LOHMAN v. UNITED STATES

No. 13667.

266 F.2d 3 (1959)

Walter C. LOHMAN, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

May 5, 1959.

Attorney(s) appearing for the Case

J. Paul Prear, Dayton, Ohio, for appellant.

Thomas Stueve, First Asst. U. S. Atty., Cincinnati, Ohio, Hugh K. Martin, U. S. Atty., Cincinnati, Ohio, Anthony A. Ambrosio, Dept. of Justice, Washington, D. C., on the briefs, for appellee.

Before ALLEN, McALLISTER and SHACKELFORD MILLER, Circuit Judges.

SHACKELFORD MILLER, Jr., Circuit Judge.

In a previous trial of this case the appellant was found guilty by a jury under a two-count indictment charging him with violating the provisions of Sec. 1001, Title 18 U.S.Code, by falsely swearing on December 6, 1949, in an affidavit filed with the National Labor Relations Board that he was not a member of or affiliated with the Communist Party. The affidavit was filed in accordance with the provisions of Sec. 9(h) of the...

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