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UNITED STATES v. CLARK

No. 23281.

416 F.2d 63 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Leonard Joe CLARK, Defendant-Appellant.

United States Court of Appeals Ninth Circuit.

September 10, 1969.

Attorney(s) appearing for the Case

Donald L. Ostrem (argued), and Leo Graybill, Jr., of Graybill, Graybill & Ostrem, Great Falls, Mont., for appellant.

Donald C. Robinson (argued), Asst. U. S. Atty., Moody Brickett, U. S. Atty., Butte, Mont., for appellee.

Before JERTBERG, MERRILL and ELY, Circuit Judges.

MERRILL, Circuit Judge:

Appellant, a civilian employee of the Government, was convicted of submission of a false claim in violation of 18 U.S.C. § 287, by submission of a false travel voucher supporting a permanent change-of-station move from Grafton, North Dakota, to Conrad, Montana.

The falsification was with respect to the date of travel. Appellant first submitted a voucher truthfully showing his arrival at Conrad on July 19, 1966. Upon

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