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UNITED STATES v. STATES

Nos. 73-1253, 73-1214, 73-1244.

488 F.2d 761 (1973)

UNITED STATES of America, Appellee, v. Isaac STATES, Appellant. UNITED STATES of America, Appellee, v. Michael McCOY, Appellant. UNITED STATES of America, Appellee, v. Robert MORGAN, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 5, 1973.

Attorney(s) appearing for the Case

Murry L. Randall, St. Louis, Mo., for Isaac States.

James A. Bell, St. Louis, Mo., for Michael McCoy and Robert Morgan.

David W. Harlan, Asst. U. S. Atty., St. Louis, Mo., for appellee.

Before MATTHES, Senior Circuit Judge, and LAY and ROSS, Circuit Judges.

MATTHES, Senior Circuit Judge.

A multiple count indictment charged appellants with mail fraud in violation of 18 U.S.C. §§ 1341 and 1342, and with conspiracy to commit mail fraud in violation of 18 U.S.C. § 371.1 Their separate appeals have been consolidated for the purpose of argument and opinion.

Before trial appellants moved to dismiss the indictment asserting that it failed to allege that anyone had been defrauded...

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