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LOWTHER v. UNITED STATES

Nos. 71-1017, 71-1018.

455 F.2d 657 (1972)

Harry Allen LOWTHER, Jr., et al., Defendants-Appellants, v. UNITED STATES of America, Plaintiff-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied February 23, 1972.

Rehearing Denied April 13, 1972.

Attorney(s) appearing for the Case

Joseph P. Jenkins, Estes Park, Colo., for appellants, Wendell E. Lowry and Lowry Investments, Inc.

Alan H. Bucholtz, Denver, Colo., for appellant, Harry A. Lowther, Jr.

James S. Dougherty, Dept. of Justice, Washington, D. C. (James L. Treece, U. S. Atty., Milton C. Branch, Asst. U. S. Atty., Denver, Colo., Edward J. Barnes, Robert G. Clark, Craig C. Donsanto, Dept. of Justice, Washington, D. C., on the brief), for appellee.

Before SETH, HOLLOWAY and BARRETT, Circuit Judges.

Rehearing Denied in No. 71-1017 February 23, 1972.

Rehearing Denied in No. 71-1018 April 13, 1972.

BARRETT, Circuit Judge.

The appellants were convicted by a jury of fraud in the sale of securities in violation of 15 U.S.C. § 77q(a).1 Harry A. Lowther, Jr. was sentenced to 5 years imprisonment under 18 U.S.C. § 4208(b) and Wendell E. Lowry was sentenced to 4 months, followed by 20 months probation. Lowry Investments...

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