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UNITED STATES v. HERR

No. 14333.

338 F.2d 607 (1964)

UNITED STATES of America, Plaintiff-Appellee, v. Walter E. HERR and William O. Gillentine, Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

Rehearing Denied December 8, 1964.

Attorney(s) appearing for the Case

Luis Kutner, John M. Kaveny, Albert W. Dilling, Kirkpatrick W. Dilling, Chicago, Ill., for appellants.

Edward V. Hanrahan, John Peter Lulinski, John Powers Crowley, Robert S. Atkins, U. S. Attys., Chicago, Ill., Charles H. Turner, Asst. U. S. Atty., Donald W. McKenzie, Atty., United States Securities and Exchange Commission, of counsel, for appellee.

Before SCHNACKENBERG, CASTLE and SWYGERT, Circuit Judges.

SCHNACKENBERG, Circuit Judge.

Walter E. Herr and William O. Gillentine, defendants, have appealed from judgments of the district court adjudicating defendants guilty, on the verdicts of a jury, of the fraudulent sale of securities by mail, in violation of 15 U.S.C.A. § 77 q(a) and 18 U.S.C.A. § 1341,1 and sentencing defendants to terms of two years as to Herr and three years as to Gillentine.

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