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UNITED STATES v. RUNNING

Nos. 73-1848 and 73-1858.

506 F.2d 1068 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Donald RUNNING, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Clayton BLUE, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 25, 1974.

Rehearing Denied December 17, 1974.

Attorney(s) appearing for the Case

Raymond Rosenberg, Des Moines, Iowa, for defendant-appellant, Running.

James R. McManus, Des Moines, Iowa, for defendant-appellant, Blue.

Keith E. Uhl, Asst. U. S. Atty., Des Moines, Iowa, for appellee.

Before GIBSON, Chief Judge, BRIGHT, Circuit Judge, and TALBOT SMITH, Senior District Judge.

TALBOT SMITH, Senior District Judge.

These appeals arise from the convictions of Donald Running and Clayton Blue, after separate jury trials, of conspiracy to violate the federal banking laws. The prosecutions followed the collapse in February, 1970 of the State Bank of Prairie City, Prairie City, Iowa, a federally insured bank (hereinafter the Bank). A seven count indictment was returned, two of which, Counts 5 and 7, concern us here. Count 5 charges Harry F. Soults...

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