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UNITED STATES v. WIGGENHORN

No. 17915.

312 F.2d 289 (1963)

UNITED STATES of America, Appellant, v. Carl H. WIGGENHORN, Appellee.

United States Court of Appeals Ninth Circuit.

January 10, 1963.

Attorney(s) appearing for the Case

Francis C. Whelan, U. S. Atty., Thomas R. Sheridan, Asst. U. S. Atty., Chief, Criminal Section, Richard A. Murphy, Asst. U. S. Atty., Asst. Chief, Criminal Section, Los Angeles, Cal., for appellant.

Bernard B. Laven, Los Angeles, Cal., for appellee.

Before STEPHENS, BARNES and JERTBERG, Circuit Judges.

JERTBERG, Circuit Judge.

This case arises upon an appeal taken by the United States of America from an order of the district court granting the motion of Carl H. Wiggenhorn, appellee, to dismiss Counts One, Two, Three and Four contained in an indictment in which appellee was charged with willful misapplication of bank funds, in violation of 18 U.S.C. § 656, and from a later order of the district court denying appellant's motion to vacate the earlier order dismissing...

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