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FLATT v. UNITED STATES

Nos. 14309-14311.

287 F.2d 42 (1961)

Bert FLATT and Carl M. Fox, Appellants, v. UNITED STATES of America, Appellee. Dewey Bob HELM, Bert Flatt, and Carl M. Fox, Appellants, v. UNITED STATES of America, Appellee. Dewey Bob HELM, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

February 25, 1961.

Attorney(s) appearing for the Case

James R. Tuck, Nashville, Tenn., for appellants.

Charles G. Neese, Howell, Neese & Tuck, Nashville, Tenn., on the brief, for Dewey Bob Helm.

P. J. Anderson, Gainesboro, Tenn., on the brief, for Bert Flatt and Carl M. Fox.

Fred Elledge, Jr., U. S. Atty., Nashville, Tenn. (R. Hunter Cagle, Asst. U. S. Atty., Nashville, Tenn., on the brief), for appellee.

Before CECIL, WEICK and O'SULLIVAN, Circuit Judges.

ORDER.

These appeals from the United States District Court, for the Middle District of Tennessee, Northeastern Division, involve questions of the sufficiency of the indictments.

It is claimed by counsel for the appellants that the indictments purportedly charge offenses under sections 5205(a) (2), 5604(a) (1), of Title 26, U.S.C., whereas in fact they use the language of section 2803(a) of Title 26, U.S.C., now repealed; and that as a result thereof the indictments...

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