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PIKE v. UNITED STATES

No. 19166.

340 F.2d 487 (1965)

Robert Sheldon PIKE and Ryk Henry Brouwer, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

January 14, 1965.

Attorney(s) appearing for the Case

Wm. Bryan Osborne, Los Angeles, Cal., for appellants.

Francis C. Whelan, U. S. Atty., Richard A. Murphy, Asst. U. S. Atty., Chief, Criminal Section, and Kevin O'Connell, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before BARNES, HAMLEY, and BROWNING, Circuit Judges.

BROWNING, Circuit Judge.

Appellants were convicted under 12 U. S.C.A. § 95a(3) of willfully violating Executive Order No. 6260, 12 U.S.C.A. § 95a Note.

Subsection (1) of 12 U.S.C.A. § 95a authorizes the President to regulate transactions in gold "[d]uring the time of war or during any other period of national emergency declared by the President." Subsection (3) makes willful violation of provisions of section 95a "or

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