No. 17079.

321 F.2d 261 (1963)

Loren R. GAJEWSKI and Mervin A. Gajewski, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied August 26, 1963.

Attorney(s) appearing for the Case

Francis Breidenbach, Bismarck, N. D., and John Fred Schlafly, Alton, Ill., for appellants; W. A. Jacobsen, of Watford City, N. D., on the brief.

John O. Garaas, U. S. Atty., Fargo, N. D., for appellee.

Before JOHNSEN, Chief Judge, MATTHES, Circuit Judge, and GIBSON, District Judge.

MATTHES, Circuit Judge.

Loren R. Gajewski and Mervin A. Gajewski, appellants, are brothers (42 and 36 years old, respectively,) and are the children of Otto A. Gajewski, who died in 1959, and Lillia B. Gajewski, who died in 1961. At all times pertinent to this proceeding appellants were engaged principally in farming in McKenzie County, North Dakota.

In three counts of an indictment filed October 24, 1960, appellants were charged with committing conspiracies...


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