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UNITED STATES v. SHAVIN

No. 13062.

287 F.2d 647 (1961)

UNITED STATES of America, Plaintiff-Appellee, v. Nathan W. SHAVIN, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied April 13, 1961.

Attorney(s) appearing for the Case

Anna R. Lavin, William T. Kirby, Chicago, Ill., for appellant, Charles A. Bellows, Chicago, Ill., of counsel.

Robert Tieken, U. S. Atty., John F. Grady, Asst. U. S. Atty., Chicago, Ill., for appellee, John Peter Lulinski, Asst. U. S. Atty., Chicago, Ill., of counsel.

Before HASTINGS, Chief Judge, SCHNACKENBERG, Circuit Judge, and PLATT, District Judge.

PLATT, District Judge.

The grand jury returned an indictment of nine counts charging the defendant with using the mails to defraud in violation of the Criminal Code, Title 18 U.S. C. § 1341. At the first trial the jury disagreed and was discharged. On the second trial the Government dismissed Counts 1, 5 and 7, and the jury found the defendant guilty only on Counts 6 and 8. The district court denied the defendant's motions for judgment of acquittal, for new trial...

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