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BRANDOM v. UNITED STATES

Nos. 17276-17278.

431 F.2d 1391 (1970)

Smith F. BRANDOM, Jr., Kenneth Belling and Michael Gilboy, Petitioner-Appellants, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

As Amended on Denial of Rehearings September 29, 1970.

Attorney(s) appearing for the Case

H. George Lafferty, Kansas City, Mo., Earl A. Charlton, Gaar W. Steiner, Charlton, Yanisch, Greco & Roffa, Milwaukee, Wis., for Kenneth Belling, for petitioners-appellants.

David J. Cannon, U. S. Atty., Robert J. Lerner, Special Asst. U. S. Atty., Milwaukee, Wis., for plaintiff-appellee.

Before KILEY and CUMMINGS, Circuit Judges, and WILL, District Judge.

WILL, District Judge.1

Appellants Kenneth Belling, Smith F. Brandom and Michael Gilboy, were indicted on a number of individual counts under 18 U.S.C. § 1341 for unlawfully using the mails to defraud and on a single conspiracy count. The indictment charged appellants with devising a scheme to defraud persons desirous of obtaining insurance coverage in an established, financially sound, mutual insurance company, by misrepresenting...

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