UNITED STATES v. TIERNEY

Nos. 22191, 22191-A.

448 F.2d 37 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas TIERNEY, Patrick Tierney, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied November 3, 1971.


Attorney(s) appearing for the Case

Robert J. Vars (argued), Sherman Oaks, Cal., for defendants-appellants.

Elgin Edwards, Asst. U. S. Atty. (argued), Robert L. Meyer, U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before BARNES, MERRILL and KOELSCH, Circuit Judges.


BARNES, Circuit Judge:

This is an appeal by two of three defendants from judgments of conviction — Patrick Tierney on Count Three of a multi-count indictment, and Thomas Tierney on Counts Three, Seven and Eight. All defendants were charged with using the mails to promote the sale of military surplus equipment, knowing the representations made were false.

The co-defendant Shea has heretofore been convicted in the same trial, and his conviction affirmed...

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