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BURNHAM v. UNITED STATES

No. 5873.

297 F.2d 523 (1961)

Robert H. BURNHAM, Defendant, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals First Circuit.

Decided December 29, 1961.

Attorney(s) appearing for the Case

Melvin Norris and Raymond E. Bernard, with whom Freeman & Norris was on brief, for appellant.

James W. Noonan, Asst. U. S. Atty., Boston, Mass., with whom W. Arthur Garrity, Jr., U. S. Atty., Boston, Mass., and John F. Curley and Bernard A. Gould, Attys., I. C. C., Washington, D. C., were on brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

ALDRICH, Circuit Judge.

This is an appeal by a defendant convicted on a fifteen-count information under 49 U.S.C.A. § 322(a) for aiding and abetting a partnership of which he was the managing member in operating as a contract carrier by motor vehicle in interstate commerce without a permit in violation of Title 49, § 309(a). The defendant has a permit for moving goods in interstate commerce, but only within Massachusetts. The basic facts concerning out-of...

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