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UNITED STATES v. PETERSON

No. 73-1748.

488 F.2d 645 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. James Eugene PETERSON and Donald M. Peterson, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 19 and March 29, 1974.

Attorney(s) appearing for the Case

Phil Burleson, James L. Mitchell, Dallas, Tex., Glynn A. Pugh, Guanajuato, Gto., Mexico, for defendants-appellants.

Frank D. McCown, U. S. Atty., Fort Worth, Tex., Charles D. Cabaniss, Charles R. Parrett, Asst. U. S. Attys., Dallas, Tex., for plaintiff-appellee.

Before BROWN, Chief Judge, and GEWIN and GOLDBERG, Circuit Judges.

GEWIN, Circuit Judge:

This appeal is taken from a judgment of conviction entered against Dr. Donald Peterson for conspiring to defraud an agency of the United States Government, in violation of 18 U.S.C. § 371 (1970).1 His brother and alleged co-conspirator, James E. Peterson, also before us on appeal, was convicted under the conspiracy charge and on a number of counts under 18 U.S.C. § 1001 (1970)2

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