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WEST v. UNITED STATES

Nos. 13672-13678.

274 F.2d 885 (1960)

James WEST, Appellant, v. UNITED STATES of America, Appellee. Andrew REMES, Appellant, v. UNITED STATES of America, Appellee. Hyman LUMER, Appellant, v. UNITED STATES of America, Appellee. Sam REED, Appellant, v. UNITED STATES of America, Appellee. Eric REINTHALER, Appellant, v. UNITED STATES of America, Appellee. Marie Reed HAUG, Appellant, v. UNITED STATES of America, Appellee. Fred HAUG, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

February 15, 1960.

Attorney(s) appearing for the Case

Victor Rabinowitz, New York City, Jack G. Day, Cleveland, Ohio, Frank J. Donner, New York City (Ann Ginger, Berkeley, Cal., on the brief for appellants James West, Andrew Remes, Hyman Lumer and Sam Reed; Donner, Kinoy & Perlin, New York City, on the brief for appellant Eric Reinthaler; David Scribner, New York City, on the brief for appellants Marie Reed Haug and Fred Haug), for appellants.

George B. Searls and Bruno A. Ristau, Dept. of Justice, Washington, D. C. (J. Walter Yeagley, Ass't Atty. Gen., Jerome L. Avedon and Doris H. Spangenburg, Washington, D. C., Russell Ake, U. S. Atty., Cleveland, Ohio, on the brief), for appellee.

Before McALLISTER Chief Judge, and MARTIN and SHACKELFORD MILLER, Jr., Circuit Judges.

PER CURIAM.

Appellants were indicted for conspiracy to unlawfully make, use, and file, and cause to be made, used, and filed, false affidavits of "Non-Communist Union Officer" with the National Labor Relations Board, knowing that the statements made therein that affiants were not members of, or affiliated with, the Communist party, were false, in violation of Title 18 U.S.C.A. § 1001, and Title 18 U.S.C.A. § 371. On a trial before a jury, each appellant...

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