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SHALE v. UNITED STATES

No. 24264.

388 F.2d 616 (1968)

John P. SHALE, d/b/a J & C Company, Inc., d/b/a Southern Home Properties, Inc., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 2, 1968.

Attorney(s) appearing for the Case

Thomas A. Larkin, Larkin, Decker & Elliott, Jacksonville, Fla., for appellant.

William J. Hamilton, Jr., Sp. Asst. to U. S. Atty., Jacksonville, Fla., Edward F. Boardman, U. S. Atty., Middle Dist. of Florida, for appellee.

Before BELL, GOLDBERG and DYER, Circuit Judges.

DYER, Circuit Judge:

Appellant was tried and convicted by a jury under nine counts of violating the mail fraud statute, 18 U.S.C.A. § 1341.1 Each count involves the purchase, induced by fraudulent representations, of certain mortgaged homes, using the United States mail to convey the necessary papers and forms from appellant to prospective sellers.

Generally, the sellers were persons being transferred out of the Jacksonville...

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