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UNITED STATES v. HENSLEY

No. 16455.

374 F.2d 341 (1967)

UNITED STATES of America, Plaintiff-Appellee, v. Bige HENSLEY, Herbert Costello Stacy, Clayton Turner and Charles Engle, Defendants-Appellants.

United States Court of Appeals Sixth Circuit.

February 23, 1967.

Attorney(s) appearing for the Case

Leonard B. Boudin, New York City, I. Philip Sipser, Paul O'Dwyer, New York City, Dan Jack Combs, Pikeville, Ky., on brief; Henry Winestine, New York City, of counsel, for appellants.

Moss Noble, Asst. U. S. Atty., Lexington, Ky., George I. Cline, U. S. Atty., Lexington, Ky., on brief, for appellee.

Before EDWARDS and CELEBREZZE, Circuit Judges, and CECIL, Senior Circuit Judge.

EDWARDS, Circuit Judge.

Four appellants seek reversal of their convictions after jury trial in the Eastern District of Kentucky. The two-count indictments charge both a conspiracy to violate the Federal Train Wreck Act, Title 18 U.S.C. § 1992 (1964), and the substantive offense of violating it.

The cases arise out of the now generation old warfare which has raged intermittently in the Harlan-Hazard area of Perry County, Kentucky, between the United Mine...

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