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UNITED STATES v. STRAUSS

No. 18235.

283 F.2d 155 (1960)

UNITED STATES of America, Appellant, v. Robert L. STRAUSS, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied November 15, 1960.

Attorney(s) appearing for the Case

Rufus D. McLean, Washington, D. C., Donn E. Garvey, Sp. Attys., Dept. of Justice, Malcolm Richard Wilkey, Asst. Atty. Gen., for appellant.

Thomas B. DeWolf, Miami, Fla., Helliwell, Melrose & DeWolf, Miami, Fla., for appellee Robert L. Strauss.

Before TUTTLE, CAMERON and WISDOM, Circuit Judges.

CAMERON, Circuit Judge.

This appeal by the United States is from a judgment in the lower court granting a motion to dismiss that portion of an indictment purporting to charge the appellee Robert L. Strauss with a conspiracy to violate §§ 152 and 1341 of Title 18 U.S.C.1 The sole question presented for our determination is whether the lower court erred in holding that such indictment...

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