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UNITED STATES v. ARGE

No. 237-69.

418 F.2d 721 (1969)

UNITED STATES of America, Plaintiff-Appellant, v. Sam ARGE and Benson Ackerman, aka Ben Ackerman, Defendants-Appellees.

United States Court of Appeals Tenth Circuit.

December 1, 1969.

Attorney(s) appearing for the Case

F. T. Wetzel, Asst. U. S. Atty., Salt Lake City, Utah (William T. Thurman, U. S. Atty., Salt Lake City, Utah, with him on the brief) for appellant.

Parker M. Nielson, Salt Lake City, Utah (Adam M. Duncan, Salt Lake City, Utah, with him on the brief) for appellee Arge.

Allen B. Bickart, Phoenix, Ariz., adopted the briefs and argument of appellee Arge for appellee Ackerman.

Before PHILLIPS, Senior Circuit Judge, and BREITENSTEIN and HICKEY, Circuit Judges.

HICKEY, Circuit Judge.

A two count indictment was dismissed by the trial court upon the motion of appellees.

The first count charged a violation of 18 U.S.C. § 152, fraudulent concealment of bankruptcy assets; the second count charged a conspiracy to conceal the assets in violation of 18 U.S.C. § 371.

The second count charging conspiracy realleges the substantive count one as the violation which...

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