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UNITED STATES v. COTTAGE

No. 15808.

354 F.2d 975 (1965)

UNITED STATES of America, Plaintiff-Appellee, v. George J. COTTAGE and Keith Darwin Francisco, Defendants-Appellants.

United States Court of Appeals Sixth Circuit.

December 30, 1965.

Attorney(s) appearing for the Case

George S. Fitzgerald, Detroit, Mich., for appellants.

Paul B. Mayrand, Detroit, Mich., on the brief, for George J. Cottage.

Marion L. Johnson, Highland, Mich., on the brief, for Keith Darwin Francisco.

William H. Merrill, Detroit, Mich., for appellee. Lawrence Gubow, U. S. Atty., James Francis Finn, Geraldine B. Ford, Asst. U. S. Attys., Detroit, Mich., on the brief.

Before MILLER and PHILLIPS, Circuit Judges, and McALLISTER, Senior Circuit Judge.

PER CURIAM.

The defendants-appellants, Cottage and Francisco, were charged in Count 1 of the indictment with stealing a truckload of whiskey moving in interstate commerce. The same two defendants were also charged in the third count of the indictment with the offense of conspiring with others to steal a truckload of whiskey moving in interstate commerce. The defendant Cottage, but not the defendant Francisco, was also charged in the second count of the indictment...

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