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UNITED STATES v. HENDERSON

Nos. 20541, 20546.

446 F.2d 960 (1971)

UNITED STATES of America, Appellee, v. A. R. HENDERSON, Also Known as Bobby Henderson, Appellant. UNITED STATES of America, Appellee, v. John A. O. SWAVING, Appellant.

United States Court of Appeals, Eighth Circuit.

August 4, 1971.

Attorney(s) appearing for the Case

Joseph P. Stevens, Minot, N. D., for appellant Henderson.

Jonathan C. Eaton, Jr., Orlin W. Backes, Minot, N. D., for appellant Swaving.

Gary Annear, Asst. U. S. Atty., Fargo, N. D., Harold O. Bullis, U. S. Atty., Tom Boyle, Staff Atty., Denver, Colo., for appellee.

Before ALDRICH, LAY and BRIGHT, Circuit Judges.

LAY, Circuit Judge.

Defendants John A. O. Swaving and A. R. Henderson, a/k/a Bobby Henderson, appeal their convictions on two counts of securities fraud under 15 U.S. C.A. § 77q(a). Henderson additionally appeals his conviction on two counts of mail fraud under 18 U.S.C.A. § 1341. The jury found Swaving innocent of the mail fraud counts and both defendants were found not guilty of a conspiracy count.1 The alleged offenses occurred...

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