WAGNER v. UNITED STATES

Nos. 22680, 22680-A and 22680-B.

416 F.2d 558 (1969)

John C. WAGNER, Peter C. Unger, Robert L. Wagner, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied November 19, 1969.


Attorney(s) appearing for the Case

Willard Jones, Sacramento, Cal. (argued) for John C. Wagner.

Joseph O'Connor, San Diego, Cal. (argued) for Unger.

Barry Freeman, Chicago, Ill. (argued) for Robert L. Wagner.

Arthur F. Mathews (argued) and Burton H. Finkelstein (argued), John N. Fegan, David J. Levenson, Attys., S. E. C., Washington, D. C., Sidney I. Lezak, U. S. Atty., Norman Sepenuk, Asst. U. S. Atty., Portland, Or., for appellee.

Before BARNES and KOELSCH, Circuit Judges, and HALL, District Judge


BARNES, Circuit Judge:

The indictment in the above case was returned December 7, 1966, charging a California corporation, an Oregon corporation, a Nevada corporation, and eight individuals in Count I with a conspiracy to violate what are sometimes referred to as the "private" fraud provisions of the statutes, viz., the Securities Act, 15 U.S. C. 77q(a), and the Mail Fraud Statute, 18 U.S.C. § 1341. Among the individuals were there separate appellants, John C...

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