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FRANK v. UNITED STATES

No. 9234.

384 F.2d 276 (1967)

Ben H. FRANK, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied November 7, 1967.

Attorney(s) appearing for the Case

John B. Ogden, Oklahoma City, Okl., for appellant.

Robert L. Berry, Asst. U. S. Atty. (B. Andrew Potter, U. S. Atty., and Arthur F. Mathews, Washington, D.C., and Richard S. Kraut, Attys., for U.S. Securities and Exchange Commission, on the brief), for appellee.

Before WILBUR K. MILLER, BREITENSTEIN, and SETH, Circuit Judges.

BREITENSTEIN, Circuit Judge.

After a trial without a jury, the district court found appellant Frank guilty of criminal contempt because of violations of a 1952 order restraining him from the use of interstate facilities in the sale of certain oil interests unless a registration statement was in effect with the Securities and Exchange Commission. The imposition of sentence was suspended for three years and appellant was placed on probation. This appeal followed.

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