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UNITED STATES v. BATH

No. 73-1921.

504 F.2d 456 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Harry BATH, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided October 22, 1974.

Rehearing Denied November 25, 1974.

Attorney(s) appearing for the Case

John A. Criswell, Englewood, Colo. (William E. Myrick, Denver, Colo., and Leslie Scherr, Washington, D. C., with him on the brief), for defendant-appellant.

W. Allen Spurgeon, Asst. U. S. Atty., Denver, Colo. (James L. Treece, U. S. Atty., and Paul D. Cooper, Sp. Asst. U. S. Atty., Denver, Colo., with him on the brief), for plaintiff-appellee.

Before LEWIS, Chief Judge, and HOLLOWAY and DOYLE, Circuit Judges.

LEWIS, Chief Judge.

Harry Bath, president of Local 961, International Brotherhood of Teamsters, appeals from the judgment on his jury trial conviction under Title II of the Labor-Management Reporting and Disclosure Act. Count I of the indictment charged that Bath had knowingly reported payments of union money to hired pickets as "strike benefits" to union members in violation of section 209(b) of the LMRDA, 29 U.S.C. § 439(b); Count II charged that he willfully...

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