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UNITED STATES v. SAWYERS

No. 12872.

423 F.2d 1335 (1970)

UNITED STATES of America, Appellee, v. Burl A. SAWYERS, Vincent J. Johnkoski, Bonn Brown, Alfred W. Schroath, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided March 23, 1970.

Attorney(s) appearing for the Case

Raymond W. Bergan, Washington, D. C., Stanley E. Preiser, Charleston, W. Va., and Henry Angel, Atlanta, Ga. (Edward Bennett Williams, Harold Ungar and Steven Brodsky, Washington, D. C., on the brief), for appellants.

Charles Ruff, Attorney, Department of Justice (Alfred N. King and Wallace H. Johnson, Attys., Department of Justice, and Milton J. Ferguson, U. S. Atty., on the brief), for appellee.

Before SOBELOFF, and CRAVEN and BUTZNER, Circuit Judges.

CRAVEN, Circuit Judge:

Six defendants, Burl A. Sawyers, Vincent J. Johnkoski, Alfred W. Schroath, Bonn Brown, Truman Gore, and William Wallace Barron, were indicted February 14, 1968, under 18 U.S.C.A. § 371 (1966).1 The one count indictment charged conspiracy to commit bribery in violation of 18 U.S.C.A. § 1952 (1951) (Supp.1969).2 A mistrial was granted

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