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UNITED STATES v. GORDON

No. 26416.

410 F.2d 1121 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Aubrey Jerald GORDON, Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 19, 1969.

Attorney(s) appearing for the Case

J. Charles Whitfield, Jr., Houston, Tex., James R. Gillespie, Fred A. Semaan, San Antonio, Tex., for defendant-appellant.

Richard B. Hardee, U. S. Atty., William Louis White, Asst. U. S. Atty., Tyler, Tex., for plaintiff-appellee.

Before BELL and THORNBERRY, Circuit Judges, and CHOATE, Senior District Judge.

PER CURIAM:

Appellant was the Executive Vice-President of a small FDIC insured bank in Eastern Texas. A multi-count indictment resulted from facts that came to light when the bank was closed at the instance of Texas bank examiners. Appellant was convicted for issuing unauthorized expense checks (Counts 1 and 2),1 embezzling (Count 3),2 and receiving "fees" in return...

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