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U. S. v. BUSARD

No. 74-3989.

524 F.2d 72 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. David John BUSARD and Charles David Meyer, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied February 19, 1976.

Attorney(s) appearing for the Case

William D. Smith, Atlanta, Ga. (Court-appointed), for Busard.

Milton E. Grusmark, Miami Beach, Fla., for Meyer.

John W. Stokes, U. S. Atty., John Milton Turner, Jr., and Robert A. Boas, Asst. U. S. Attys., Atlanta, Ga., for plaintiff-appellee.

Before JONES, WISDOM and AINSWORTH, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 19, 1976.

PER CURIAM:

Busard and Meyer, defendants-appellants, were convicted of knowingly and willfully possessing with intent to distribute a controlled substance, cocaine, in violation of 21 U.S.C. § 841(a)(1).

The contention on appeal that the indictment is duplicitous is without merit. The indictment, in pertinent part, reads as follows:

Busard and Meyer, aided and abetted by each other...

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