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UNITED STATES v. JOHNSON

No. 73-3519.

496 F.2d 1131 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Howard Nicholas JOHNSON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 3, 1974.

Attorney(s) appearing for the Case

Charles O. Baird, Jr., Atlanta, Ga., Stuart R. Carter, Jr., Washington, D. C., Daniel J. Markey, Jr., New Orleans, La., for defendant-appellant.

John W. Stokes, Jr., E. Ray Taylor, U. S. Attys., Atlanta, Ga., David Ferber, Sol., Office of Gen. Counsel, Robert G. Ryan, S.E.C., Washington, D. C., for plaintiff-appellee.

Before GEWIN, THORNBERRY and SIMPSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 3, 1974.

GEWIN, Circuit Judge:

Appellant Howard N. Johnson appeals from the judgment of conviction entered by the district court following his bench trial. On January 24, 1973, a nine-count indictment was returned charging appellant with various violations of Section 17(a) of the Securities Act of 1933, 15 U.S.C. § 77q(a) (1970), Section 5(a) of the Securities Act of 1933, 15 U.S.C. § 77e(a) (1970),...

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