UNITED STATES v. BURTON

No. 15199.

443 F.2d 912 (1971)

UNITED STATES of America, Appellee, v. John D. BURTON, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 28, 1971.


Attorney(s) appearing for the Case

Robert Eugene Smith, Towson, Md. (Edwin D. Apell, Browns Mill, N. J., on brief), for appellant.

Nevette Steele, Jr., Asst. U.S. Atty. (George Beall, U.S. Atty., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and BRYAN and BUTZNER, Circuit Judges.


PER CURIAM:

Appeal is taken from a mail fraud conviction under 18 U.S.C. § 1341. The government's case was based upon the striking similarity between the defendant's "solicitation" for advertising and an ordinary invoice from the telephone company billing for space in its classified directory. The defendant did publish a national directory. Fault may be found only in the manner in which he attracted participants. The testimony of these unwary contributors to...

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