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BROWN v. UNITED STATES

No. 20324.

328 F.2d 652 (1964)

Richard James BROWN and Robert A. Barry, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

March 4, 1964.

Attorney(s) appearing for the Case

John J. Duffy, Clearwater, Fla., for appellants.

Arnold D. Levine, Asst. U. S. Atty., Edward F. Boardman, U. S. Atty., Tampa, Fla., for appellee.

Before TUTTLE, Chief Judge, and PHILLIPS and JONES, Circuit Judges.

JONES, Circuit Judge.

The appellants were convicted of mail fraud in violation of 18 U.S.C.A. § 1341. The scheme involved the negotiation by Brown and Barry, supposedly on behalf of National Manufacturing and Distributing Company, of franchise agreements under which the other contracting parties were to have the exclusive franchise for the operation of film vending machines within a designated territory. The appellants, in discussing their proposition with prospects...

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