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UNITED STATES v. FISHBEIN

No. 23732.

446 F.2d 1201 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Sam Ford FISHBEIN and Leonard M. Yordon, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied September 23, 1971.

Attorney(s) appearing for the Case

John W. Rood (argued), of Cavness, DeRose, Senner & Foster, Phoenix, Ariz., Luke McKissack (argued), Hollywood, Cal., Hochman, Salkin & DeRoy, Los Angeles, Cal., for defendants-appellants.

Richard C. Gormley, Asst. U. S. Atty. (argued), Edward E. Davis, U. S. Atty., Phoenix, Ariz., for plaintiff-appellee.

Before ELY and CARTER, Circuit Judges, and SMITH, District Judge.

RUSSELL E. SMITH, District Judge.

AS TO FISHBEIN

Sam Ford Fishbein, convicted on Count 1 (Conspiracy), 18 U.S.C. § 371, Counts 2 to 8, and 10 to 15 (Fraud in the Sale of Securities), 15 U.S.C. § 77q(a) and Count 21 (Use of Mails to Defraud), 18 U.S.C. § 1341, of a 22-count indictment, appeals.

In June, 1961, a group consisting of Fishbein and four others acquired interests in six motels, two of which were located in Phoenix, and one...

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