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FARRELL v. UNITED STATES

No. 18241.

321 F.2d 409 (1963)

David FARRELL and Oliver J. Farrell Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied September 17, 1963.

Attorney(s) appearing for the Case

James A. Poore and Robert G. Clinnin, Los Angeles, Cal., for appellant David Farrell.

Gould & Aronson and Paul Augustine, Jr., Los Angeles, Cal., for appellant Oliver J. Farrell.

Francis C. Whelan, U. S. Atty., Thomas R. Sheridan, Asst. U. S. Atty., Chief, Criminal Section, Edward M. Medvene, Sp. Asst. to U. S. Atty., and J. Brin Schulman, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before JERTBERG and BROWNING, Circuit Judges and BURKE, District Judge.

JERTBERG, Circuit Judge.

Following trial to a jury, the appellants David Farrell and Oliver J. Farrell brothers, were convicted on thirty-two counts of a thirty-four count indictment. Upon the close of the government's case, the District Court dismissed Counts 3 and 33 on motion of the government.

Counts 1, 2, and 4 through 17, inclusive, [16 counts] charge offenses under Section 17(a) (1) of the Securities Act of 1933 (15 U.S.C. § 77q(a) (1)), which...

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