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BARY v. UNITED STATES

Nos. 6286-6291.

292 F.2d 53 (1961)

Arthur BARY, Anna Bary, Harold Zepelin, Joseph William Scherrer, Maia Scherrer and Patricia Julia Blau, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

May 31, 1961.

Attorney(s) appearing for the Case

Ira C. Rothgerber, Jr., Denver, Colo., Austin W. Scott, Jr., Boulder, Colo., John R. Evans, and Theodore A. Borrillo, Denver, Colo. (John J. Abt, New York City, was with them on the brief) for appellants.

George B. Searls, Atty., U. S. Dept. of Justice, Washington, D. C., and Donald G. Brotzman, U. S. Atty., Denver, Colo. (J. Walter Yeagley, Asst. Atty. Gen., Jack D. Samuels and Robert L. Keuch, Attys., U. S. Dept. of Justice, Washington, D. C., were with them on the brief), for appellees.

Before BRATTON, PICKETT and LEWIS, Circuit Judges.

BRATTON, Circuit Judge.

This is a criminal case in which Arthur Bary and others were charged in an indictment containing a single count with the offense of conspiring (1) to advocate and teach the duty and necessity of overthrowing the Government of the United States by force and violence, and (2) to organize the Communist Party of the United States to advocate and teach the overthrow and destruction of the Government of the United States by force and violence, in...

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