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ALLEN v. UNITED STATES

No. 18361.

289 F.2d 235 (1961)

James ALLEN, William John Madone, and John J. Bonita, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 6, 1961.

Attorney(s) appearing for the Case

Herman Methfessel, Miami, Fla., for appellants.

Lloyd G. Bates, Jr., Asst. U. S. Atty., E. Coleman Madsen, U. S. Atty., Miami, Fla., for appellee.

Before TUTTLE, Chief Judge, and RIVES and JONES, Circuit Judges.

RIVES, Circuit Judge.

On their waiver of a jury trial,1 appellants, defendants, were convicted by the court of having devised a scheme to defraud various named persons and others by means of certain false or fraudulent representations and promises and having used the mails in execution of said scheme, 18 U.S.C.A. § 1341.

The evidence establishes that the defendants were employed by the Financial Service Corporation of Miami...

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