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HARNEY v. UNITED STATES

Nos. 5956-5958.

306 F.2d 523 (1962)

Francis L. HARNEY, Jr., Defendant, Appellant, v. UNITED STATES of America, Appellee. Charles H. LAWTON, Jr., Defendant, Appellant, v. UNITED STATES of America, Appellee. James S. O'CONNELL, Defendant, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals First Circuit.

July 18, 1962.

Attorney(s) appearing for the Case

Stanley H. Rudman, Boston, Mass., for appellant in No. 5956.

John M. Russell, Boston, Mass., with whom Lawrence R. Cohen, Boston, Mass., was on brief, for appellant in No. 5957.

C. Keefe Hurley, Boston, Mass., with whom Earle C. Cooley, Boston, Mass., was on the brief, for appellant in No. 5958.

Paul A. M. Hunt, Asst. U. S. Atty., with whom W. Arthur Garrity, Jr., U. S. Atty., and Joseph F. Gargan and John J. Curtin, Jr., Asst. U. S. Attys., were on the brief, for appellee.

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

WOODBURY, Chief Judge.

The appellants were indicted by a grand jury in the court below for conspiracy to defraud the United States in violation of Title 18 U.S.C. § 371 quoted in the margin.1 The indictment charged that the appellants with five others, Walter M. Webb, Felix J. Myette, Erroll G. Hopkins, Ernest T. Collins and Joseph L. Schwartz, who were named as conspirators but not as defendants, conspired to defraud the United States...

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