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UNITED STATES v. DERRICK

Nos. 73-2381, 73-2384.

507 F.2d 868 (1974)

UNITED STATES of America, Appellee, v. Hal Clemit DERRICK, Appellant. UNITED STATES of America, Appellee, v. Burnett Wendell FINCHUM, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 3, 1974.

Attorney(s) appearing for the Case

John F. Dugger, Morristown, Tenn., for appellant in No. 73-2381.

Ben W. Hooper, II, Newport, Tenn., for appellant in No. 73-2384.

Thomas P. McNamara, U. S. Atty. (Malcolm J. Howard, Asst. U. S. Atty., on brief), for appellees in Nos. 73-2381 and 73-2384.

Before CRAVEN, BUTZNER and FIELD, Circuit Judges.

FIELD, Circuit Judge:

In January of 1973, a grand jury for the Eastern District of North Carolina returned an indictment charging that during the period from November 20, 1970, to May 2, 1972, Hal Clemit Derrick and Burnett Wendell Finchum, together with five other individuals, were engaged in a conspiracy (18 U.S.C. § 371) to violate the Internal Revenue Laws relating to the manufacture, possession and transportation of non-tax paid whiskey.

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