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BEADNELL v. UNITED STATES

Nos. 17524 and 17525.

303 F.2d 87 (1962)

Eugene W. BEADNELL, Appellant, v. UNITED STATES of America, Appellee. Gary S. CLEMENS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied June 22, 1962.

Attorney(s) appearing for the Case

Garry, Dreyfus & McTernan, Benjamin Dreyfus, Charles R. Garry, San Francisco, Cal., for appellant.

Cecil F. Poole, U. S. Atty., James F. Hewitt, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before MATHEWS, CHAMBERS and JERTBERG, Circuit Judges.

MATHEWS, Circuit Judge.

On November 22, 1960, in the United States District Court for the Northern District of California, Southern Division, two informations were filed — one against Eugene W. Beadnell and one against Gary S. Clemens. Each information was in four counts.

Count 1 of the Beadnell information alleged, in substance, that on December 26, 1958, in San Francisco, California, Beadnell knowingly and willfully made a false statement to the Railroad...

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