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ELKINS v. UNITED STATES

No. 15738.

266 F.2d 588 (1959)

James Butler ELKINS and Raymond Frederick Clark, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 28, 1959.

Attorney(s) appearing for the Case

Walter H. Evans, Jr., Burton J. Fallgren, Portland, Or., for appellants.

C. E. Luckey, U. S. Atty., Portland, Or., for appellee.

Before MATHEWS, CHAMBERS and HAMLIN, Circuit Judges.

MATHEWS, Circuit Judge.

On February 4, 1957, in the United States District Court for the District of Oregon, appellants (James Butler Elkins and Raymond Frederick Clark), hereafter called defendants, were indicted in nine counts. On February 18, 1957, defendants were arraigned, pleaded not guilty and were granted permission "to move against the indictment" on or before March 18, 1957.1 Defendants did not so move on or before March 18,...

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