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UNITED STATES v. MANN

No. 74-2983.

517 F.2d 259 (1975)

UNITED STATES of America, Plaintiff-Appellant, v. Robert A. MANN and Bank of the Southwest, National Association, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 25, 1975.

Attorney(s) appearing for the Case

Anthony J. P. Farris, U. S. Atty., Houston, Tex., Hugh P. Mabe, III, Atty., Dept. of Justice, Washington, D. C., Henry J. Novak, Jr., James R. Gough, Asst. U. S. Attys., Houston, Tex., Thomas J. McTiernan, Atty., U. S. Dept. of Justice, Washington, D. C., for plaintiff-appellant.

William R. Eckhardt, Harold DeMoss, Jr., Houston, Tex., Seagal Wheatley, San Antonio, Tex., for R. A. Mann.

Morton L. Susman, Chester M. Fulton, Houston, Tex., for Bank of S. W., Nat'l Ass'n.

Before GIBSON, THORNBERRY and AINSWORTH, Circuit Judges.

AINSWORTH, Circuit Judge:

This important criminal case involves the validity of an indictment charging misapplication of bank funds in connection with a multimillion dollar loan to a bank official at a preferential rate of interest, conditioned on his bank depositing an equal amount in a non-interest bearing account in the lending bank. The district judge dismissed the indictment for numerous reasons which he assigned. We disagree with those reasons and reverse.<...

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